Settle Defamation case amicably: Supreme Court encourages Shivraj Singh Chouhan, Vivek Tankha

A Bench of Justice MM Sundresh and Justice NK Singh was hearing Chouhan’s appeal challenging a Madhya Pradesh High Court order refusing to quash the criminal defamation case initiated by Tankha.

The case arises from Tankha’s allegations that Chouhan, BJP State president V.D. Sharma, and former minister Bhupendra Singh led a “coordinated, malicious, false and defamatory campaign” accusing him of opposing OBC reservation in the 2021 Madhya Pradesh Panchayat elections, following a Supreme Court order dated December 17, 2021, which had stayed the polls.

Tankha’s trial court complaint alleges that the BJP leaders falsely attributed the Supreme Court’s stay to his supposed opposition to OBC reservation, thereby damaging his reputation and triggering public backlash. He has sought Rs. 10 crore in compensation and initiation of criminal defamation proceedings under Section 500 of the IPC.

Appearing for Chouhan, Senior Advocate Mahesh Jethmalani exchanged light-hearted remarks in court with Senior Advocate Kapil Sibal, who represented Tankha.

“His client had said he’ll call me for tea in the vacation. I don’t know why he deprived me of that,” Jethmalani quipped, prompting laughter in the courtroom.

Sibal responded, “What has happened outside, should not come inside court.”

Justice Sundresh weighed in with a touch of humour, “See, personally I am of the view that both of you are politicians also. You have to inherent thick skins, so you should ignore these things.”

To this, Sibal said, “We have also started developing a thick skin,” drawing further laughs from the bench and the bar.

Sibal suggested that the Court may record that it is requesting both parties to attempt a resolution.

The Bench accepted the suggestion and allowed time for the parties to explore settlement.

The matter will be taken up again after four weeks.

In an earlier hearing in March, the Apex Court had extended its order exempting Chouhan from personal appearance before the trial court in connection with the defamation proceedings.