Read Time: 04 minutes

Synopsis

A Delhi court on Wednesday 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.

Union Minister Gajendra Singh Shekhawat initiated the criminal defamation suit against Gehlot after the Chief Minister allegedly made statements implicating the Union Minister in the Sanjeevani scam.

Shekhawat asserted that Gehlot's defamatory remarks were made in February 2023 after meeting individuals who claimed to have lost their investments in Sanjeevani and accused Shekhawat of involvement in the scam.

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