DJB defamation case: Delhi HC stays summoning order, criminal proceedings against BJP leaders

New Delhi [India], December 8 : The Delhi High Court on Wednesday stayed the summoning order and the criminal proceedings in the defamation case filed against several Delhi Bharatiya Janata Party leaders by Delhi Jal Board and Aam Aadmi Party leader Raghav Chadha.
The Bench of Justice Manoj Kumar Ohri on Wednesday stayed the summoning order and the criminal proceedings before the lower court which issued summons to BJP state president Adesh Gupta and Ramvir Singh Bidhuri (Leader of opposition), Vijender Gupta, MLA and Harish Khurana, Spokesperson.
The bench also issued notice to Delhi Jal Board and Raghav Chadha in the matter.
Delhi BJP Senior leader of BJP Ramvir Singh Biduri recently moved the Delhi High Court for quashing of the summoning order and criminal complaint filed against him and others.
Senior Advocates R. Venkatramani and Ajay Burman represented the petitioner BJP leader.
On November 18, Delhi's Rouse Avenue District Court Complex issued summon to Delhi BJP President Adesh Gupta, Biduri, MLA Vijender Gupta and spokesperson Harish Khurana in the defamation case.
In the petition, it is argued that several crores were given by the Government of NCT of Delhi to the Delhi Jal Board in the form of Loans, Grants and Extra Budgetary Borrowings in the tenure of the Aam Aadmi Party and till date, no audit has been done of the said amount by the Comptroller and Auditor General, as per the statutory requirement, because the Delhi Jal Board has not provided the accounts of the FY 2015-16 till date in spite of CAG's multiple letters and reminders.
"That the Petitioner being a Leader of Opposition has been at the forefront of exposing irregularities in the working of Government of NCT of Delhi which is essentially the job of the opposition party in the democracy. This process is part of checks and balances in a democratic set-up," the petition said.
The petitioner has urged to quash the criminal complaint and trial court order which issued summon against him and others.
A Delhi court has issued summons to Delhi BJP leader Adesh Gupta, Ramvir Singh Bidhuri, Vijendra Gupta and Harish Khurana in a defamation case filed by Delhi Jal Board (DJB) and Raghav Chadha (Vice Chairman, DJB).
The Delhi Jal Board and its vice-chairman Raghav Chadha had moved a defamation complaint alleging that all respondents in furtherance of their common intention indulged in malicious campaign to tarnish the image/reputation of both complainants in the matter.
The complaint stated that on November 21, 2021, a press conference was held by respondent Delhi BJP leaders wherein allegations were levelled that complainants have committed the scam of Rs 26,000/- crore. They referred to the Delhi Jal Board as the "Dalali Jal Board". It was alleged that the following statements were made during the Press conference,
"isse to yehi lagta hai ke Delhi Jal Board nahi, Dalali Jal Board ban gaya hai".
"jisko hum Delhi Jal Board kehte hain vah aaj Arvind Kejriwal ki kartooton se Dalai Jal Board ban gaya hai"
"Arvind Kejriwal Delhi Jal Board ke Chairman rehte hue aur unke khasam khaas Satyender Jain and Raghav Chadha ki madad se 26,000 crore dakar lia hai"
According to the complaint, it was alleged that respondents have deliberately made defamatory statements despite the knowledge that the same are false and will tarnish the image of complainants.
It was alleged that by making false, baseless and malicious allegations against complainants, respondents have committed the offence punishable u/s 500 r/w Sec. 34 IPC. By way of present complaint u/s 200 Cr.PC, prayer has been made to prosecute the respondents in respect of said offence, the plea stated.