Delhi HC stays trial court proceedings in defamation case against Subramanian Swamy

New Delhi [India], April 4 : The Delhi High Court on Monday stayed the proceeding of the trial court against Rajya Sabha MP Subramanian Swamy in a defamation complaint filed by Delhi BJP leader Tajinder Bagga.
The Bench of Justice Jasmeet Singh on Monday also stayed the summons issued against Swamy.
The Rajya Sabha MP has approached the Delhi High Court challenging the Rouse Avenue Court proceedings and order which recently issued summons against him. The next date of hearing in the matter is fixed for September 6.
Senior Advocate Maninder Singh along with Advocates Prabhas Bajaj, Satya Sabarwal, Ajay Sabharwal and Pranav Saigal appeared for Subramanian Swamy before the Delhi High Court in the matter.
Bagga had recently had moved the court against Swamy for a controversial tweet. Bagga before the court had submitted that the contents of the said tweet were absolutely false and incorrect and were solely made to harm the reputation of the complainant and to defame him.
The Additional Chief Metropolitan Magistrate (ACMM) Dharmender Singh while issuing summons said that "the court is of the considered view that in the present case, there are sufficient grounds for proceedings against the respondent (Subramanian Swamy).
"In view of allegations made in the complaint, testimonies of witnesses and material brought on record by them this court is prima facie satisfied that there are sufficient grounds for the summoning of the respondent as accused qua offence punishable u/s 500 IPC," the Court said.
The complainant had alleged that on September 28, 2021, the respondent made the tweet "Delhi journalists inform me that before joining the BJP, Tajinder Bagga had been jailed many times for petty crimes by the New Delhi Mandir Marg Police Station. True? If so, Nadda should know."
The complainant, Tajinder Bagga, submitted that the contents of the said tweet were absolutely false and incorrect and were solely made to harm the reputation of the complainant and to defame him.
He also submitted that no FIR or any written complaint bearing any DD No was registered/lodged against the complainant at Mandir Marg Police Station. It is submitted that the complainant was never arrested for any crime by Mandir Marg Police Station.
The complainant also submitted that after the publication of the said tweet, the complainant was summoned by his party senior, Parveen Shankar Kapoor (Head, Media Relations, Delhi BJP), and was asked to explain the truth and veracity of the said tweet, and the complainant refuted the contents of said tweet.
It was alleged that tweet dated September 28 made by the respondent is absolutely false and incorrect and has been made to harm the reputation of the complainant and to defame him in the eyes of the general public and thereby, the respondent has committed the offence punishable by under section 500 of the Indian Penal Code (IPC). By way of present complaint u/s 200 CrPC, prayer has been made to prosecute the respondent in respect of said offence, the court noted.