New Delhi, Dec 18 – : A Delhi Court on Friday adjourned the hearing in a defamation complaint case filed against former Rajasthan Chief Minister Ashok Gehlot to December 22.
Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal after hearing said, “This court is in receipt of the order dated December 13 passed by Ld. Sessions Court, RADC, Delhi, whereby the order on summoning has been upheld”.
The court said,” Arguments on framing of notice have already been heard from the side of the complainant. Be put up for arguments from the defence side on the date fixed i.e. 22.12.2023 at 02:30 pm”.
Counsel for Shekhawat sought oral exemption for the complainant Shekhawat and Counsel for Gehlot moved exemption Application by submitting the identity of the accused is not disputed by the defence.
In this matter, Union Jal Shakti Minister Gajendra Singh Shekhawat had filed a defamation complaint case before the District Court of Rouse Avenue, New Delhi against Gehlot on the allegations that Gehlot has defamed him and falsely accused him of being involved in the Rs 900 crore Sanjivani Credit Society scam.
He contended that his name did not appear anywhere when the Rajasthan government investigated the matter.
It is alleged by Shekhawat that the accused, by way of press conferences, media report/social media posts, etc. has publicly stated that not only the complainant and his family
members are accused in the Sanjeevani scam, but also that the allegations against the complainant, in the said scam, stand proved.
His counsel had alleged that the accused on different occasions addressed the media and also uploaded videos and posts on his social media accounts to maliciously defame the complainant by way of false statements, particularly stating that the allegations against the complainant in Sanjeevani scam stand proved and that the crime, of misappropriation/embezzlement of money belonging to poor and innocent investors, has been proved against the complainant.
Shekhawat requested to court Gehlot be prosecuted for criminal defamation defined under the provisions of the Indian Penal Code (IPC) and sought appropriate financial compensation for the loss of his reputation.
Counsel for Gehlot has earlier argued on the application under section 91 Criminal Procedure Code (Cr.P.C.) by submitting that the documents which are sought to be summoned in this case are necessary for adjudication of the matter and once the said documents have come on record, the court will be duty bound to discharge the accused/the applicant Gehlot.
He has earlier submitted that the documents sought to be placed on record u/s 91 Cr.PC are not defence documents, rather the said documents are part of the record of the complainant’s pleadings and the complainant has partially concealed a portion thereof. Such concealment, at the hands of the complainant, disentitles the complainant of any relief and therefore, the said application of the accused ought to be allowed and consequently, the accused ought to be discharged.
Counsel for Union Jal Shakti Minister Gajendra Singh Shekhawat opposed the application and submitted that the said application is merely an abuse of process of law and is nothing more than delaying tactics.
