HC stays trial court proceeding against BJP leaders in criminal defamation plaint by DJB

New Delhi: The Delhi High Court on Wednesday sought response from AAP leader Raghav Chadha and Delhi Jal Board (DJB) on BJP leader Ramvir Singh Biduri's challenge to the summons issued to him on their defamation complaint and stayed the trial court proceedings in the case.

The case was heard by Justice Manoj Kumar Ohri who listed it for further hearing in March.

The Leader of Opposition

in the Delhi Assembly contended in his petition that the defamation complaint and proceedings against him are an abuse of process of law.

The complaint, filed jointly by DJB vice chairperson and Chadha, claimed that Biduri and other BJP leaders indulged in a malicious campaign to tarnish their reputation. The complaint had alleged that on January 21, a press conference was held by the accused persons who levelled allegations of corruption against DJB and Chadha.

According to the complaint, the accused had deliberately made defamatory statements in spite of knowing that such allegations were false and would tarnish the image of complainants.

In his petition before the high court, Biduri claimed that he has been at the forefront of exposing irregularities in the working of the city government, which is the job of any opposition party in a democracy, and therefore, cannot be accused of defamation for highlighting the total mismanagement of accounts of DJB.

All the comments in the press conferences/ press release etc were to show total mismanagement of functionality of Board by the members of the Board resulting in statutory default by the Board," the petition stated.

The Petitioner being a responsible Leader of Opposition is entitled to his democratic right to protest. The protests by way of press conferences and press release etc were to bring the factual & actual facts regarding total mismanagement

of accounts of complainant

no. 1 (DJB)-an instrumentality of state, leading to default on the part of Government of NCT of Delhi by not getting the

annual accounts audited as mandated, it added.

The petition submitted that the statements in question are not defamatory in nature

since no personal allegations have been made against the complainants.