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Synopsis

The Delhi High Court, on Tuesday, issued notice to Chief Minister of Delhi Atishi Marlena in a petition filed by BJP media head Praveen Kapoor challenging the order of the revision court. The revision court had quashed the summons issued by the trial court in Praveen Kapoor's defamation case. The bench of Justice Vikas Mahajan listed the case for April 30, 2025. 

Senior Advocate Ajay Burman and Advocate Shoumendu Mukherji, representing Kapoor, argued that 'the revision court made political assertions rather than making legal observations'. It was also argued that the revision court exceeded its jurisdiction and did not assess the case on merits. Senior Advocate Burman contended that the 'revision court ought to have confined itself to the inquiry as to whether ingredients of an offence were made out or not'.

Background: 

In July 2024, Atishi appeared before Additional Chief Judicial Magistrate, Taniya Bamniyal in Praveen Kapoor's defamation case. Judge Bamniyal granted bail to Atishi, directing her to furnish a bail bond of Rs. 20,000 and one surety. Senior Advocate Ramesh Gupta and Advocate Shailendra Singh, for AAP leaders, sought time from the court to go through the requisite documents before arguing the case.

Subsequently, in September 2024, the Rouse Avenue Court issued notice to Praveen Shankar Kapoor on a plea filed by Atishi against the summoning order against her. In this plea, the court quashed the summoning order noting that "Regardless of status, a complainant, even if a seemingly powerful person as the Chief Minister, deserves protection, at least from prosecution on the specious allegations of defamation".

At that time, Atishi in a press conference, denied the defamation charges against her. She claimed that she was told by BJP leaders to either join their party and save her political career, or face ED action against her.

However, Advocate Rajat Swain, representing Kapoor, had contended that Atishi did not have enough evidence to substantiate her allegations against the BJP and demanded that she publicly apologize for her remarks, which would be broadcast on television and social media. He also said, “The reputation of the complainant is badly affected because of these press conferences, allegations, and posts by the alleged accused persons as he is the media head and spokesperson of Delhi unit of BJP”.  

Notably, in February 2022 as well, Atishi faced legal action for her supposedly defamatory remarks against a political figure, BJP leader Chhail Bihari Goswami. Goswami had argued that Atishi’s remarks were casting aspersions on his “moral and intellectual character”.

Case Title: Praveen Shankar Kapoor v Atishi Marlena