New Delhi, Jan 28 (UNI) A Delhi Special Court on Tuesday quashed the summons issued to Chief Minister Atishi Marlena in a defamation case.
Special Judge for MP/MLA cases Vishal Gogne, after hearing the Criminal Revision petition against the summons issued by Magistrate Court to Atishi, quashed it and said,” The impugned order dated 28.05.2024 summoning Atishi Marlena as an accused under section 500 IPC is set aside. The complaint under section 200 Cr.PC instituted by Praveen Shankar Kapoor is dismissed. ”
The Special Court said,” The order of the Ld. ACMM dated 28.05.2024, summoning of Atishi for the offence of defamation under section 500 IPC, suffers from material error and infirmity and is liable to be set aside for the following reasons: (i) The pre-summoning evidence does not present adequate grounds to summon revisionist Atishi Marlena as an accused. (ii) The allegations made by Atishi through the tweet and press conferences are in the nature of disclosing the commission of a criminal offence and merit investigation. Atishi is in the nature of a whistle blower and cannot be treated as having acted to defame the BJP (iii) The official version of the BJP, as reflected by the complaint of Mr. Virendra Sachdeva, Delhi Unit President, to the Commissioner of Police, Delhi has itself sought registration of an FIR under the Prevention of Corruption Act upon allegations made by Ms. Atishi, thereby improbablising defamation.
(iv) The allegations made by Ms. Atishi constitute the exercise of the right to freedom of speech concerning political corruption and do not constitute defamation under section 500 IPC. (v) The said allegations by Ms. Atishi Marlena also activate the right to know as a part of the right to vote of the citizens recognised in the Electoral Bonds case and other decisions of the Hon’ble Supreme Court. (vi) The complaint by Mr. Praveen Shankar Kapoor is an attempt to defeat criminal investigation and supress the freedom of speech as well as the right to know.
(vii) Praveen Shankar Kapoor is not ‘some person aggrieved’ for the offence of defamation under section 500 IPC within the meaning of section 199 Cr.PC. (viii) Consequently, the repost of the tweet and press conference dated 27.01.2024 as well as the content of the press conference held by Atishi on 02.04.2024 does not satisfy the ‘high threshold’ test for defamation in matters of public discourse amongst political personalities and parties recognised by the Hon’ble Supreme Court in the orders in Arvind Kejriwal (dated 30.09.2024) and Shashi Tharoor (dated 10.09.2024) in reiteration of its previous decision in Khushboo.
(ix) A court of law cannot aid the tilting of the democratic balance between unequal political formations and against the right to freedom of speech and expressions as well as the right to vote through contrived criminal actions for defamation filed by non aggrieved persons”.
The Court said,” The revision petition is allowed”.