CM gets court notice on BJP leader’s plea
11 July 2012 1:27 AM GMT
The Delhi High Court on Tuesday issued notice to Chief Minister Sheila Dikshit on Bharatiya Janata Party leader Vijender Gupta’s plea seeking quashing of summons issued to him by a trial court on her defamation complaint.
Justice P K Bhasin refused to stay the summons against Gupta on Dikshit’s complaint but asked her to file reply by 13 August, the next date of hearing.
Metropolitan Magistrate Saumya Chauhan, on 4 June, accepted Dikshit’s plea for issuance of summons against Gupta for defaming her prior to the April civic polls in the capital.
Gupta moved the high court challenging the trial court’s order summoning him on the ground that the entire material presented in support of complaint was based on hearsay.
‘The allegations made in the complaint and evidence led in support of the complaint did not make out a case of summoning the petitioner as the entire material produced or statement made in support of complaint was based on hearsay evidence,’ he said.
Justice Bhasin declined to stay the trial court’s summoning order but granted Gupta the liberty to seek exemption before the magistrate 13 July, the date fixed for Gupta to appear.
The trial court on 22 June issued fresh summons against Gupta for 12 July after he failed to appear before the court.
Gupta’s petition said, ‘The Magistrate committed grave error under law by acting on newspaper reports which are the only basis of complaint and complainant’s evidence in support of the complaint.’
‘The magistrate had acted in haste and passed the impugned order of summoning arbitrarily and mechanically and as such the impugned order is liable to be quashed or set aside,’ Gupta said.
The complaint filed by Dikshit before the magistrate said that to gain political mileage by maligning her, the BJP leader had used ‘uncivilised’ language against her before the civic polls.
Dikshit alleged that Gupta called her ‘villain’, ‘cheat’ and ‘vamp’ and also said that she had cheated the people of Delhi.
The chief minister on 30 May recorded her statement against Gupta and requested the court to summon him.
Dikshit said that she had sent legal notices to Gupta after the civic polls but the BJP leader did not apologise and rather stood by his remarks.
Dikshit had also filed a civil suit in the high court demanding token damages of Re 1 from Gupta for putting up hoardings across the city, accusing her government of conniving with private power distribution companies and indulging in corruption in determining power tariff.
Justice P K Bhasin refused to stay the summons against Gupta on Dikshit’s complaint but asked her to file reply by 13 August, the next date of hearing.
Metropolitan Magistrate Saumya Chauhan, on 4 June, accepted Dikshit’s plea for issuance of summons against Gupta for defaming her prior to the April civic polls in the capital.
Gupta moved the high court challenging the trial court’s order summoning him on the ground that the entire material presented in support of complaint was based on hearsay.
‘The allegations made in the complaint and evidence led in support of the complaint did not make out a case of summoning the petitioner as the entire material produced or statement made in support of complaint was based on hearsay evidence,’ he said.
Justice Bhasin declined to stay the trial court’s summoning order but granted Gupta the liberty to seek exemption before the magistrate 13 July, the date fixed for Gupta to appear.
The trial court on 22 June issued fresh summons against Gupta for 12 July after he failed to appear before the court.
Gupta’s petition said, ‘The Magistrate committed grave error under law by acting on newspaper reports which are the only basis of complaint and complainant’s evidence in support of the complaint.’
‘The magistrate had acted in haste and passed the impugned order of summoning arbitrarily and mechanically and as such the impugned order is liable to be quashed or set aside,’ Gupta said.
The complaint filed by Dikshit before the magistrate said that to gain political mileage by maligning her, the BJP leader had used ‘uncivilised’ language against her before the civic polls.
Dikshit alleged that Gupta called her ‘villain’, ‘cheat’ and ‘vamp’ and also said that she had cheated the people of Delhi.
The chief minister on 30 May recorded her statement against Gupta and requested the court to summon him.
Dikshit said that she had sent legal notices to Gupta after the civic polls but the BJP leader did not apologise and rather stood by his remarks.
Dikshit had also filed a civil suit in the high court demanding token damages of Re 1 from Gupta for putting up hoardings across the city, accusing her government of conniving with private power distribution companies and indulging in corruption in determining power tariff.
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