Delhi HC Issues Notice to Atishi on BJP Leader's Appeal in Defamation Case

Delhi HC Issues Notice: On Tuesday, the Delhi high court asked Chief Minister Atishi to respond to the appeal of Bharatiya Janata Party (BJP) leader Praveen Shankar Kapoor challenging the city court's order quashing the summons issued to her in a defamation case filed against her by him. The case which was instituted in April 2024 is concerned with Atishi's twin statements made last year accusing the BJP of bribing Aam Aadmi Party (AAP) legislators to switch sides.

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The bench headed by Justice Vikas Mahajan issued notice on the appeal filed by Kapoor on Tuesday, and fixed April 30 for the next date of hearing.

However, the court refused to stay, for now, the observations of the city court made in its January 28 order, saying that the remarks attributed to Atishi were her right as a 'whistleblower' and could not be construed to be defamatory to the BJP. “In view of the above, issue notice to the respondents through all permissible modes. Renotify on April 30,” the court said in the order.

In his 71-page judgment, special judge Vishal Gogne said that the ruling party at the Centre and its leaders ought to have “broad shoulders” to accept other political narrative and stressed that courts could not be instruments of political strategy entertaining complaints meant to suppress legitimate political discourse.

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Senior advocate Ajay Burman, along with advocates Satya Ranjan Swain and Shoumendu Mukherji, appearing for BJP leader, requested the high court to stay the city court's observations contending that the judge became embroiled in political adventurism akin to a political expose by trying to determine which is the greater political entity.

At the hearing on Tuesday, Burman contended that the special judge had exceeded his jurisdiction on new political speech as set out in that very reasoned order passed by the magisterial court to summon the Chief Minister and thus overstepped his jurisdiction.

According to Burman, the special judge had failed to take cognizance of the fact that Atishi did not intentionally name the person who approached her and failed to furnish any document to back her claim during the Press conference. The senior lawyer noticed that the special judge treated the bribery allegations against the ruling party at the Centre with indifference and also neglected to recognize the seriousness of making false statements against Atishi.

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