Delhi HC seeks Gajendra Shekhawat's response on Ashok Gehlot's appeal against Trial Court summons

New Delhi [India], January 22 : The Delhi High Court on Monday sought a response from Union Minister Gajendra Singh Shekhawat on an appeal moved by Congress leader Ashok Gehlot against a trial court order issuing summons to him in a defamation case.
The bench of Justice Swarna Kanta Sharma, while issuing notice in the appeal, fixed the matter for March 6, 2024. Meanwhile, the Court requested that the trial court adjourn the proceedings after the Delhi High Court resolved the matter
Recently, the Sessions Court of Rouse Avenue Court dismissed the revision petition moved by former Rajasthan Chief Minister Ashok Gehlot challenging the issuance of summons by the Magistrate Court in a defamation case filed by Union Minister Gajendra Singh Shekhawat.
The Sessions Judge, while passing the order, said, in view of the discussion, it is held that even the impugned order dated July 6, 2023, passed by the Magistrate in the criminal complaint does not suffer from any factual mistake, illegality, impropriety of finding, etc., and thus, the same is also being upheld, along with the other two orders dated March 4, 2023 and March 24, 2023 which have been impugned in this revision petition.
As a result thereof, this revision petition filed by the petitioner herein is being dismissed.
Rajasthan CM Ashok Gehlot had moved the Sessions Court of Delhi's Rouse Avenue Court, challenging the summons issued and proceeding going against him by the Magistrate Court in a defamation complaint filed by Union Minister Gajendra Singh Shekhawat.
Earlier, Additional Sessions Judge MK Nagpal said that this court sees no reason or ground for staying the proceedings of the complaint case.
The court earlier noted that the crux of the allegations made in the above complaint case is that the petitioner herein had made some statements and speeches published in print as well as electronic media against the respondent, which are claimed by the respondent to be defamatory and damaging his reputation and to have been made maliciously and for political reasons.
The statements broadly pertain to the involvement and status of the respondent and his family members as accused in one Sanjeevani scam.
The petitioner has served as Chief Minister of the State of Rajasthan and he was also stated to be in charge of the Home Ministry. The respondent is stated to be a Cabinet Minister of the Central Government and a member of Lok Sabha from Jodhpur, Rajasthan and thus, both parties to this petition hold high positions and respect in public, noted the Court.
Union Minister of Jal Shakti, Gajendra Singh Shekhawat, has recently filed a criminal defamation case against Rajasthan Chief Minister Ashok Gehlot for allegedly defaming him with remarks on the Sanjivani scam.
On July 6, 2023, Additional Chief Metropolitan Magistrate (ACMM) Harpreet Singh Jaspal said, having considered the facts and circumstances, the testimonies of the complainant witnesses, and the evidence placed on record, it prima facie appears that the accused (Ashok Gehlot) has made specific defamatory statements against the complainant.
Further, it prima facie appears that the defamatory statements of the accused have been sufficiently published in the newspaper/electronic media/social media, which may make the right-thinking members of society shun the complainant, said the ACMM.
It appears that the accused, by his spoken words and by words that were intended to be read, has made defamatory imputations against the complainant, knowing and intending to harm the reputation of the complainant. At the cost of brevity, it is again specified here that the discussion here cannot be said to be a comment on the final merits of the case, as the same is a matter of trial, the ACMM observed.
Therefore, in view of the aforesaid discussion, there exist sufficient grounds to summon the accused, Ashok Gehlot, under Section 500 of the Indian Penal Code. Accordingly, the said accused will be summoned upon the filing of PF and RC, as per the rules, said ACMM Harjeet Singh Jaspal.
Appearing for Gajendra Singh Shekhawat, senior advocate Vikas Pahwa earlier submitted that "Ashok Gehlot is a Rajasthan Chief Minister and he is talking about a pending investigation. The question is: who is in control of this investigation? CrPC does not recognise the Chief Minister; he can't access the chargesheet even if it goes to court."
Under the Rajasthan Police Rules, there is no role for anyone except the police force, not even the CM or someone from the Home Department. Making false statements without having any access to the investigation officially. The statements are defamatory to me and he can't claim protection under 197 by going out in public and disclosing a close-door investigation, Senior Advocate Vikas Pahwa argued.
The act is involved in this case. He had no business making these false statements against his colleague and giving false information to the public at large. It is an act of defamation, Pahwa said while concluding his submissions.
Union Minister Gajendra Singh Shekhawat has recently moved to the Delhi Court and filed a defamation case against Rajasthan Chief Minister Ashok Gehlot, alleging that Gehlot has made speeches against him and saying that the allegations regarding the Sanjeevani scam are proven against him.