Atishi defamation case: Threshold is high in political defamation, argues Delhi CM's counsel

New Delhi [India], December 2 : Senior advocate Ramesh Gupta, representing Delhi Chief Minister Atishi in a defamation case, argued on Monday that the threshold for political defamation is high, as political parties are a subject of public discourse.
Gupta concluded his arguments in an appeal against summons issued in a defamation case against Atishi.
Special CBI Judge Vishal Gogne listed the matter for hearing the arguments of the complainant BJP leader on the appeal.
The next date of hearing is December 16.
Senior advocate Ajay Burman along with Advocate Shoumendu Mukherjee appeared for complainant Praveen Shankar Kapoor. Senior advocate Ramesh Gupta along with Mudit Jain argued that the complainant was not defamed by the appellant. He is not a victim of Defamation.
It was also argued that it is alleged that the appellant made a statement against the BJP. If it is taken to be true, the BJP is a victim or aggrieved, it can file a complaint.
Senior advocate Gupta also argued that a political party may have lakhs of members, but all cannot file defamation complaints. In this case, the threshold is very high.
On November 22, the court had stayed the proceedings before a Magistrate in a defamation case against Delhi CM Atishi.
Delhi CM had approached the sessions court against the Summons issued by the Magistrate court on a defamation complaint filed by BJP leader Praveen Shankar Kapoor.
In the reply, it's stated that the order of summoning was passed after considering the facts, circumstances and material placed on record.
It is also stated by respondent that he represents BJP as media head and spokesperson of Delhi Unit in the general public. Therefore, any defamatory post, article, press conference circulated in social media is equally defamatory for him due to his long association with the party.
BJP Leader Praveen Shankar Kapoor filed a defamation complaint. The Magistrate at Rouse Avenue court had issued the summons to Atishi on May 28 this year.
The Rouse Avenue court on July 23 granted bail Delhi Atishi after She appeared physically and furnished the bail bond. Before filing the complaint, Delhi BJP Leader sent a legal notice to AAP leader Atishi over her claims BJP approached her through a "very close" person to join the party.
Notice send by Delhi BJP leader Praveen Shankar Kapoor stated that on April 2, 2024 Atishi held a Press Conference and claimed that she was approached by BJP to join the party.
Notice sent through Advocate Satya Ranjan Swain on behalf of Praveen Shankar Kapoor had stated that Atishi deliberately and with malicious intent made statements which are not only false, scandalous, concocted and illusionary, but defamatory to harm the reputation of BJP but also of its members.
In the entire speech, she neither revealed specific information about the source of information nor you have given any details qua the act of BJP the act of BJP. Devoid of any specifities your statement is an intentional endeavor to reflect your own imagination and apprehension, stated the legal notice.
The notice requested Atishi to immediately withdraw the said speech and telecast your apology prominently on your television and social media.
AAP Leader and Delhi Minister Atishi had alleged that she was approached by the Bharatiya Janata Party to join them or else she'd be arrested by the Enforcement Directorate in the coming days.
While addressing a press conference here, the AAP leader said, "The BJP, through one of my close aides, approached me to join their party to save my political career, and if I do not join the BJP, then in the coming month, I will be arrested by the ED." The AAP leader accused the BJP-led Centre of trying to threaten the party by using probe agencies.
"I want to tell the BJP that we will not be scared of you. We are the soldiers of Arvind Kejriwal. We are aides of Bhagat Singh. We will continue to save the Constitution and will work to give the people a better life under the leadership of Arvind Kejriwal," she said.
She further alleged that in the coming two months before the general elections, a few more leaders, including Raghav Chadha and Saurabh Bharadwaj, will be arrested by the central probe agency.