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Synopsis

A Delhi Court on Tuesday refused to stay the proceedings in a criminal complaint filed by Union minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot for alleged defamation.

However, the court allowed the Congress leader to appear before a metropolitan magistrate through video conference on August 7.

While refusing to stay the proceedings in the defamation case, Special Judge MK Nagpal of Rouse Avenue Court said that Gehlot’s physical and personal appearance as an accused before the magisterial court on August 7, 2023 may not be “practically convenient and necessary”.

“Though physical and personal appearance of the petitioner as an accused before the ACMM in the above said case on August 7, 2023 may not be practically convenient and necessary, but this court sees no reason or ground for staying the proceedings of above complaint case or as to why appearance cannot be filed by petitioner in the said court through Video Conferencing (VC) mode. when VC or hybrid hearings in Delhi Courts have been permitted by the Hon'ble High Court even recently vide the above said letter/circular dated 05.06.2023,” the court ordered.

During the hearing, Senior Advocates Dayan Krishnan and Mohit Mathur appearing for Gehlot submitted that since he is a serving Chief Minister and has multifarious official duties to perform, it will not be in public interest to require his presence before the court, when he is residing beyond the territorial jurisdiction.

The matter has now been listed for further hearing on Gehlot’s application against the proceedings on August 19 at 10:30 am.

Notably, on July 6, Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of the Rouse Avenue Court, Delhi had summoned Rajasthan Chief Minister Ashok Gehlot in the complaint filed by Shekhawat for allegedly defaming him with his remarks on the alleged Sanjivani scam.

The ACCM while summoning Gehlot had said, “From evidence placed on record, it prima facie appears that the accused has made specific defamatory statements…against the complainant. Further, it prima facie appears that the aforesaid defamatory statements of the accused have been sufficiently published in the newspaper/electronic media/social media, which may make right-thinking members of society shun the complainant”.

“It appears that the accused by his spoken words and by words which were intended to be read, have made defamatory imputations against the complainant, knowing and intending to harm the reputation of the complainant,” the ACMM had said.

The case is related to thousands of investors allegedly getting duped of about Rs 900 crore by the Sanjivani Credit Cooperative Society. 

According to a report by PTI, Shekhawat has alleged in his complaint that Gehlot has been making “defamatory remarks” against him over the alleged scam and trying to tarnish his image and affect his political career.

The Union Minister had moved the Rouse Avenue Court in March this year claiming that the chief minister defamed him and falsely accused him of being involved in the Rs 900-crore Sanjivani Credit Society scam.

Case Title: Ashok Gehlot v. Gajendra Singh Shekhawat