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In the defamation complaint filed by Delhi Deputy CM Manish Sisodia, it has been alleged that BJP leaders had made false, defamatory, and derogatory corruption allegations against him in relation to Delhi government school classrooms.
The Supreme Court has dismissed BJP leader Manoj Tiwari's plea challenging a Delhi High Court order refusing to quash summons of a trial court issued against him in a criminal defamation case filed by Delhi Deputy Chief Minister Manish Sisodia.
However, the top court has allowed the plea of BJP leader Vijender Gupta challenging the same high court order against him. A bench of Justices S Abdul Nazeer and V Ramasubramaniam pronounced the orders.
A private defamation complaint was filed by Sisodia against the BJP leaders for allegedly leveling corruption charges against him. Accordingly, the trial court in November 2019 issued the order summoning the BJP leaders and others as accused in the defamation case.
Before the Supreme Court, Tiwari submitted that the Metropolitan Magistrate, who had issued the impugned summons, lacked jurisdiction to try a complaint initiated by a Public Servant for his alleged defamation.
It was urged that in terms of Section 199(2) of Cr.P.C. only a Session Court has jurisdiction to try a case of alleged defamation of a Public Servant and the same can be filed only through a Public Prosecutor of the State.
Background:
It has been alleged against Delhi CM Arvind Kejriwal and Deputy CM Sisodia that they had ordered the construction of rooms in Delhi Government schools, wherein a room of about 3000 sq. Ft. was constructed in a semi-permanent structure, without any fixtures and fittings, for about Rs.33 Lakhs.
Tiwari's case was that the said structures of semi-permanent nature can be raised in about Rs.5 Lakhs only. Against such allegations, Sisodia filed a defamation case.
Case Title: Manoj Tiwari vs. Manish Sisodia
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