Delhi High Court stays trial court proceedings against BJP’s Manoj Tiwari in 2019 Defamation Case

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Synopsis

In 2019, Delhi’s Deputy CM Manish Sisodia sued six BJP leaders for defamation after they alleged corruption in building of classrooms in Delhi’s government schools.

The Delhi High Court on Wednesday stayed the trial court proceedings against Member of Parliament (MP) from Bhartiya Janata Party (BJP) Manoj Tiwari in a defamation case filed by former Delhi Deputy Chief Minister and Aam Aadmi Party Leader Manish Sisodia.

During the hearing today, Advocate Bansuri Swaraj appeared for Manoj Tiwari and Advocate Rishikesh Kumar appeared for Manish Sisodia.

Swaraj on behalf of Tiwari, submitted that since the order in the SLP before the Supreme Court there had been a dire change of circumstances in the present case. After October 17, 2022, out of the six accused, proceedings against four accused have been stayed, she informed.  “One co-accused (Vijender Gupta), his pleadings have been quashed by the Supreme Court”, she further added.

On the contrary, Advocate Rishikesh Kumar argued that the present petition was an abuse of the process of law. He contended that all pleas were taken earlier in the petition and there was no change of circumstances. Kumar also submitted that it would prejudice the trial.

Noting that no purpose will be solved by continuing with the proceedings qua Tiwari, the bench of Justice Dinesh Kumar Sharma ordered, “In the meanwhile, since proceedings against other accused have been stayed, let no further steps be taken qua the present petitioner. The proceedings are stayed”.

The matter will be taken up next on October 11, 2023.

Manoj Kumar Tiwari and five others namely, Vijender Gupta, Harish Khurana, Parvesh Sahib Singh Verma,  Hans Raj Hans, and Manjinder Singh Sirsa were issued summons by an ACMM under Section 500 (punishment for defamation) read with Section 34 (common intention) of the Indian Penal Code.

In 2019, Delhi’s Deputy CM Manish Sisodia sued the six BJP leaders for defamation after they alleged corruption in building classrooms in Delhi’s government schools.

Case Title: Manoj Tiwari v. Manish Sisodia & Ors.