Rajasthan CM Gehlot moves Sessions court challenging summons in Gajendra Singh Shekhawat defamation case
Jul 31, 2023
New Delhi [India], July 31 : Rajasthan Chief Minister Ashok Gehlot on Monday moved Sessions Court of Delhi's Rouse Avenue Court challenging summons issued against him by the Magistrate Court in a defamation complaint filed by the Union Minister Gajendra Singh Sekhawat.
Gehlot's petition is likely to come for a hearing before Sessions Court on Tuesday.
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 the society shun the complainant, said the Court.
It appears that the accused by his spoken words and by words which were intended to be read, have 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 court observed.
Ergo, in view of the aforesaid discussion there exists sufficient grounds to summon the accused Ashok Gehlot, under section 500 of the Indian Penal Code. Accordingly, the said accused be summoned, upon the filing of PF and RC, as per 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 the court.
Under the Rajasthan Police rules, there is no role of 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 in making these false statements against his colleague and giving false information public at large it is an act of defamation, Pahwa while concluding his submissions noted.
Union Minister Gajendra Singh Sekhawat has recently moved Delhi Court and filed a defamation case against Rajasthan Chief Minister Ashok Gehlot alleging that Gehlot has made speeches against him saying that the allegations regarding the Sanjeevani Scam are proven against him.
Earlier, the Court had directed Delhi Police to investigate whether the complainant Gajendra Singh Shekhawat was addressed as 'an accused' in the Sanjeevani Scam by the accused herein Ashok Gehlot or Whether the accused Ashok Gehlot stated that the allegations against the complainant Gajendra Singh Shekhawat stand proved in the Sanjeevani Scam and whether the complainant Gajendra Singh Shekhawat or his family members have been arrayed as 'an accused' in the investigation of the Sanjeevani Scam?
The court stated that the legislative mandate is provided under sections 202 CrPC (considering the fact that the accused is residing outside the local jurisdiction of this court), this court directs an investigation into the matter, through Delhi Police. Keeping in mind the sensitivity of the matter, it is directed that the Joint Commissioner concerned shall monitor the investigation.
Earlier, Senior Advocate Vikas Pahwa appeared for Shekhawat who sought prosecution against Gehlot for allegedly making defamatory speeches against him and submitted that it is a fresh complaint moved by the Union Minister against the Chief Minister of Rajasthan and said that "There is an irreparable damage caused to his reputation."
This matter pertains to a case in which FIR was registered in 2019. Three chargesheets have been filed. The Shekhawat name has not appeared anywhere. He was not called by the Investigation officer. Despite this Gehlot said the allegations against Shekhawat have been proven, Senior advocate Vikas Pahwa said.
