[Defamation Case] Delhi Court issues summons to AAP Leaders Durgesh Pathak, Vikas Goel in plea by BJP’s Ravinder Kumar

A Delhi Court on Thursday issued summons to Aam Aadmi Party (AAP) leader, Durgesh Pathak and Vikas Goel, in a defamation case filed by Bhartiya Janta Party (BJP) leader Ravinder Kumar, in connection with a 2020 press conference.

The BJP leader approached the court with a complaint against the two AAP leaders for having published defamatory statements which "lowered his moral and intellectual character in the eyes of third persons".

The complaint alleged that to gain mileage in the upcoming Municipal Corporation Delhi (MCD) elections, and to tarnish BJP and its Councilors' image, the aforementioned AAP leaders spread rumors and false and defamatory statements. It was further alleged that the accused persons held a press conference on the issue of property tax collection by the North Delhi Municipal Corporation (NDMC) on November 1, 2020, and leveled false and defamatory allegations against BJP Municipal Councilors.

The complainant stated that allegations and imputations made by the accused persons in the aforesaid press conference were also published on November 2, 2020, in daily newspapers namely Times of India and Dainik Jagran. It was also stated that the press conference was streamed live on the AAP’s web page and that the complete video is still available on the official Youtube channel.

The counsel for the complainant contended that holding a press conference by accused persons fulfilled the first ingredient of defamation i.e. publication and the words spoken by them in the press conference and publishing in the daily newspapers covered the second ingredient that is- imputations made by words, either spoken or intended to be read by third persons.

Furthermore, he added that the third ingredient i.e. the intention to harm the Complainant's reputation was evident from the accused persons' act to hold the press conference at a time when elections were approaching.

The court noted that at this point, it only required to consider whether a prima facie case had been established to take cognizance and summon the accused persons.

Taking note of the submissions made, Additional Chief Metropolitan Magistrate (ACMM) Vidhi Gupta Anand ordered, “Having considered the details of allegations made in the complaint, the statement of the complainant and CW2 on solemn affirmation as well as materials on which the Complainant placed reliance, this court takes Cognizance of the offence under Section 499/500 IPC. Accused Durgesh Pathak and Accused Vikas Goel be summoned on the next date of hearing. Matter be put for the appearance of the Accused persons/further proceedings on 23.01.2023 at 02:30 PM.”

Case Title: Ravinder Kumar v. Durgesh Pathak & Anr.