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Synopsis

Shiv Sena leaders Uddhav Thackeray, his son Aaditya Thackeray and Sanjay Raut on Monday opposed a defamation plea filed against them by Maharashtra MP Rahul Ramesh Shewale for allegedly leveling frivolous corruption charges against him and the Eknath Shinde-led Shiv Sena faction, before the Delhi High Court.

During the hearing, Advocates Naman Joshi and Karan Khanuja appeared for Aaditya Thackeray, Senior Advocate Devadutt Kamat appeared for Sanjay Raut and Senior Advocate Rajiv Nayyar appeared for Rahul Ramesh Shewale.

Senior Advocate Devadutt Kamat on behalf of Raut, contended, “Never heard in common law a political party suing for defamation through some member. This is drafted as a writ petition before your Lordships!”

“For the first time in the history of common law, a political party is suing for defamation. This means that in a democratic state, there can't be any criticism. This government was toppled by corrupt means and I have reasonable belief to show that”, Kamat argued. He also argued that there was nothing slanderous about the political statements made by Raut.

Advocate Naman Joshi, on behalf of Aaditya, argued that they have a right to criticize in a democratic space. The counsel also informed the court that all three defendants had filed their replies in the suit.

Taking note of the submissions, Justice Prateek Jalan directed Shewale to file his rejoinder, if any, and listed the matter for further consideration on May 11.

Notably, on March 28, the single-judge bench summoned former Maharashtra Chief Minister (CM) Uddhav Thackeray, his son Aditya Thackeray and Rajya Sabha MP Sanjay Raut in the present defamation case.

Shewale filed the case against the Thackerays and Raut for allegedly leveling frivolous corruption allegations against him and the Eknath Shinde-led Shiv Sena faction. He has sued all three over their statement that the Eknath Shinde faction “bought the Shiv Sena symbol for Rs. 2000 crore”.

While issuing the summons, the bench had refused to pass any interim orders and said that any order will be passed in the present case, only after having the response of the opposite parties.

Court had also directed Google, Twitter, the Thackerays, and Raut to file their written statements within 30 days in the plea seeking the removal of the allegedly defamatory content from social media platforms. 

Case Title: Sh. Rahul Ramesh Shewale v. Sh. Sanjay Raut & Ors.

Statue: The Indian Penal Code