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Synopsis

The Delhi High Court has directed Union Minister Gajendra Singh Shekhawat to respond to an appeal filed by former Rajasthan Chief Minister Ashok Gehlot against his summoning in a criminal defamation complaint.

Justice Swarana Kanta Sharma scheduled the matter for further hearing on January 22, 2024.

Gehlot has contested a session court's order, which rejected his appeal against the summons in the complaint filed by Shekhawat.

The session court had determined that the summons issued by an additional chief metropolitan magistrate was free from factual mistakes, illegality, or impropriety.

In the defamation complaint, Shekhawat alleged that Gehlot publicly defamed him through press conferences, media reports, and social media posts by linking him to the Sanjivani scam in the state.

The Sanjivani Credit Society scam involves the alleged defrauding of thousands of investors of approximately Rs 900 crore, promising unusually high returns.

Proceedings Before Sessions Court

On December 12, a Delhi court dismissed the plea filed by former Rajasthan Chief Minister Ashok Gehlot, challenging the magistrate court's order summoning him as an accused in a defamation case filed by Union Minister Gajendra Singh Shekhawat.

Additional Sessions Judge MK Nagpal of Rouse Avenue Courts rejected Gehlot's plea, concluding prima facie that Gehlot made defamatory allegations against Shekhawat with the intent to "derive political benefits" and defame him.

The court upheld the magistrate's orders, including the one directing an investigation by the Delhi Police as per the provisions of the Code of Criminal Procedure.

The Additional Chief Metropolitan Magistrate summoned Rajasthan Chief Minister Ashok Gehlot on July 6, 2023, following which Gehlot challenged the order before the Sessions Court.

ASJ Nagpal, in a detailed order, found no infirmity in the magistrate's orders and rejected Gehlot's argument that Section 197 of the CrPC protected him, as he was not acting in his official capacity as Chief Minister when making the defamatory statements.

The court noted that there was prima facie evidence of criminal intent on Gehlot's part to harm Shekhawat's reputation. Despite Shekhawat and his family members being named in complaints related to the Sanjeevni scam, they had not been accused in the FIR or chargesheet.

The court concluded that Gehlot's statements were likely politically motivated to gain an advantage in the upcoming elections by damaging Shekhawat's image and reputation in the eyes of the public.

Case Title: Ashok Gehlot v. Gajendra Singh Shekhawat