"No Prima Facie Case Against Bansuri Swaraj": Delhi Court dismisses Jain’s Defamation plea
Court held that Bansuri Swaraj merely echoed ED’s June 2022 tweet, finding no independent or malicious intent to defame Jain; dismissed complaint for lack of prima facie case;
A Delhi Court on Thursday dismissed AAP leader Satyendar Jain’s revision plea challenging a magisterial court’s refusal to take cognisance of his criminal defamation complaint against BJP MP Bansuri Swaraj over alleged defamatory remarks made during a televised interview.
Special Judge Jitendra Singh of Rouse Avenue Court upheld the February 20 order of the trial court, holding that there was no prima facie case to proceed against Swaraj under criminal defamation provisions.
Jain had alleged that Swaraj falsely claimed, in a TV interview on October 5, 2023, that Rs. 3 crore in cash, 1.8 kg of gold, and 133 gold coins were recovered from his residence.
The Court found no merit in Jain’s allegations, noting that Swaraj’s statements were merely a reiteration of an Enforcement Directorate (ED) tweet dated June 6, 2022. "The statement attributed to the proposed accused is a verbatim reiteration of a tweet published by the ED through its official social media handle," the court said.
It further observed that there was no indication of malicious intent or fabrication of facts on Swaraj’s part. “In the absence of material to suggest a deliberate design to defame the complainant, no offence under Section 499 IPC is made out,” the court said, echoing the trial court's reasoning.
While granting relief to Swaraj, the Court made a strong observation about the conduct of investigative agencies, particularly the ED. It held that any dissemination of information by such agencies must be “accurate, non-misleading, and free from sensationalism.”
"It is incumbent upon an investigative agency such as the ED to act impartially and uphold the principles of fairness and due process," the judge said. “Presentation of facts in a misleading or scandalous manner can undermine the integrity of the agency and amount to an abuse of power, besides violating the fundamental right to reputation under Article 21," the Court said.
Criminal defamation, under Sections 499 and 500 of the Indian Penal Code, carries a maximum punishment of two years’ imprisonment.
Notably, on May 14, the Court had granted a "last and final opportunity" to Swaraj to file her response in a revision petition filed by Jain. The Court had earlier issued notice to Swaraj on March 22, directed her to submit her reply by June 3, the next date of hearing. "Counsel for the respondent seeks some time to file reply to the instant revision petition. Heard. One last and final opportunity is being granted to the respondent to file reply. Let the same be filed on the next date of hearing with advance copy to the opposite party... be listed for reply and arguments on June 3, 2025," the Court had said.