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The Delhi High Court today stayed the trial court proceedings and the summoning order issued against four Bharatiya Janata Party (BJP) leaders, on a plea by Leader of Opposition Ramvir Singh Bhiduri challenging summons issued to them in a criminal defamation case filed by Aam Aadmi Party (AAP) leader and Delhi Jal Board Vice President Raghav Chadha.
The case pertains to allegations levelled against the Board over an alleged scam of Rs. 26,000 crores.
A single judge bench of Justice Manoj Kumar Ohri has passed the order on the plea moved through Advocates Neeraj and Satya Ranjan Swain. Senior Advocates R. Venkatramani and Ajay Burman, represented the Petitioner in the matter.
Summons were issued to Biduri along with Delhi BJP Chief Adesh Gupta, MLA Vijender Gupta and party spokesperson Harish Khurana for alleged defamatory remarks made in a press conferences on January 21 and 23 alleging irregularities to the tune of ₹ 26,000 crores in the functioning of the Delhi Jal Board (DJB), and referring to the DJB as the Dalali Jal Board.
In response, the Vice-President of the Delhi Jal Board Raghav Chaddha had moved a complaint petition before the Rouse Avenue Court in Delhi, upon which summons were issued to the BJP leaders on November 18.
Biduri has defended himself claiming that this was an expose of irregularities in the working of the Board and that that as the Leader of Opposition in Delhi Assembly he has exposed several irregularities in the working of the Delhi government. He states that this is the job of the opposition in a democracy.
He goes on to state that with the basis of election of Aam Aadmi Party, of which Chaddha is a leader, was "eradication of corruption in public space and also to ensure that all those who had done such acts are dealt by judicial process to ensure corruption free society," and that therefore by passing the alleged defamatory remarks the BJP leaders have merely fulfilled their duties as members of opposition.
He states that they have merely "brought the facts to the knowledge of the public" and that "by no stretch of imagination" can these revelations "be construed as defaming when the said revelations and comments only deal with the public act of the person concerned."
They have claimed support of facts and documents in good faith.
They point out that several crores have been given by the Delhi Government to the Delhi Jal Board (DJB) in the form of loans, grants and extra budgetary borrowing in the tenure of the Aam Aadmi Party and "till date, no audit has been done of the said amount by the CAG" because accounts of FY 2015-16 have not been provided to the CAG till date in spite of multiple letters and reminders.
Cause Title: Ramvir Singh Bhiduri vs Delhi Jal Board & Ors.
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