SC dismisses Sisodia’s plea looking for to quash defamation case filed by Himanta Sarma
5 min readBy PTI
NEW DELHI: “If you reduce public debate to this level, you have to face the consequences,” the Supreme Court mentioned on Monday whereas listening to a petition by Delhi Deputy Chief Minister Manish Sisodia difficult the Gauhati High Court order dismissing his plea for quashing a felony defamation case filed in opposition to him by Assam Chief Minister Himanta Biswa Sarma.
The excessive courtroom had dismissed Sisodia’s petition looking for quashing of the defamation case filed by Sarma over allegations of corruption levelled in opposition to him by the Delhi deputy CM.
After the apex courtroom confirmed its disinclination to entertain Sisodia’s plea in opposition to the November 4 order of the excessive courtroom, the Aam Aadmi Party (AAP) chief withdrew it.
Sarma had filed a felony defamation case in opposition to Sisodia for making “baseless” corruption allegations in opposition to him in reference to the provision of PPE kits at “higher than market rates” to the National Health Mission (NHM) authorities through the first wave of the Covid-19 pandemic.
The AAP chief had claimed that Sarma, because the state well being minister in 2020, had given the provision orders to the agency of his spouse. Sarma has denied these allegations.
The matter got here up for listening to on Monday earlier than a bench comprising Justices S Ok Kaul and A S Oka.
Senior advocate A M Singhvi, showing for Sisodia, mentioned the AAP chief had nowhere mentioned any cash was taken.
“If you reduce public debate to this level, you have to face the consequences,” the bench noticed, including the petitioner ought to have unconditionally apologised earlier.
Singhvi mentioned one can’t use the authority to “browbeat” others and that the petitioner had by no means mentioned any cash was taken.
“You have to face the consequences,” the highest courtroom asserted, including the allegations had been made through the pandemic.
The apex courtroom noticed that as an alternative of realising what the nation was going via through the pandemic, the petitioner was making allegations.
Singhvi later withdrew the petition.
After the listening to, advocate Nalin Kohli, who was representing the Assam authorities, mentioned, “Essentially, while issuing summons, a court has to see whether a prima facie case exists with regard to false imputations which are per se defamatory.”
In its order, the excessive courtroom had mentioned Sisodia has not been capable of make out any case for quashing of the proceedings within the matter which is pending for disposal earlier than the courtroom of Chief Judicial Magistrate, Kamrup, at Guwahati.
The excessive courtroom had famous Sarma filed the grievance alleging that on June 4 this 12 months Sisodia addressed a press convention in New Delhi the place he made a defamatory assertion in opposition to the Assam chief minister accusing him of indulging in corruption.
It took word of Sarma’s grievance about Sisodia accusing him of corruption in giving authorities contract to his spouse’s firm for buying PPE kits.
It was alleged that whereas such PPE kits had been bought from others for Rs 600 apiece, the identical was purchased from the corporate owned by Sarma’s spouse on the fee of Rs 990 per package.
The excessive courtroom had famous the chief judicial Justice of the Peace had in August this 12 months discovered enough floor to proceed in opposition to Sisodia and issued summons to him.
Riniki Bhuyan Sarma, the spouse of the Assam chief minister, had on June 21 filed a Rs 100-crore defamation case in opposition to the Delhi Deputy CM over the identical allegation.
NEW DELHI: “If you reduce public debate to this level, you have to face the consequences,” the Supreme Court mentioned on Monday whereas listening to a petition by Delhi Deputy Chief Minister Manish Sisodia difficult the Gauhati High Court order dismissing his plea for quashing a felony defamation case filed in opposition to him by Assam Chief Minister Himanta Biswa Sarma.
The excessive courtroom had dismissed Sisodia’s petition looking for quashing of the defamation case filed by Sarma over allegations of corruption levelled in opposition to him by the Delhi deputy CM.
After the apex courtroom confirmed its disinclination to entertain Sisodia’s plea in opposition to the November 4 order of the excessive courtroom, the Aam Aadmi Party (AAP) chief withdrew it.
Sarma had filed a felony defamation case in opposition to Sisodia for making “baseless” corruption allegations in opposition to him in reference to the provision of PPE kits at “higher than market rates” to the National Health Mission (NHM) authorities through the first wave of the Covid-19 pandemic.
The AAP chief had claimed that Sarma, because the state well being minister in 2020, had given the provision orders to the agency of his spouse. Sarma has denied these allegations.
The matter got here up for listening to on Monday earlier than a bench comprising Justices S Ok Kaul and A S Oka.
Senior advocate A M Singhvi, showing for Sisodia, mentioned the AAP chief had nowhere mentioned any cash was taken.
“If you reduce public debate to this level, you have to face the consequences,” the bench noticed, including the petitioner ought to have unconditionally apologised earlier.
Singhvi mentioned one can’t use the authority to “browbeat” others and that the petitioner had by no means mentioned any cash was taken.
“You have to face the consequences,” the highest courtroom asserted, including the allegations had been made through the pandemic.
The apex courtroom noticed that as an alternative of realising what the nation was going via through the pandemic, the petitioner was making allegations.
Singhvi later withdrew the petition.
After the listening to, advocate Nalin Kohli, who was representing the Assam authorities, mentioned, “Essentially, while issuing summons, a court has to see whether a prima facie case exists with regard to false imputations which are per se defamatory.”
In its order, the excessive courtroom had mentioned Sisodia has not been capable of make out any case for quashing of the proceedings within the matter which is pending for disposal earlier than the courtroom of Chief Judicial Magistrate, Kamrup, at Guwahati.
The excessive courtroom had famous Sarma filed the grievance alleging that on June 4 this 12 months Sisodia addressed a press convention in New Delhi the place he made a defamatory assertion in opposition to the Assam chief minister accusing him of indulging in corruption.
It took word of Sarma’s grievance about Sisodia accusing him of corruption in giving authorities contract to his spouse’s firm for buying PPE kits.
It was alleged that whereas such PPE kits had been bought from others for Rs 600 apiece, the identical was purchased from the corporate owned by Sarma’s spouse on the fee of Rs 990 per package.
The excessive courtroom had famous the chief judicial Justice of the Peace had in August this 12 months discovered enough floor to proceed in opposition to Sisodia and issued summons to him.
Riniki Bhuyan Sarma, the spouse of the Assam chief minister, had on June 21 filed a Rs 100-crore defamation case in opposition to the Delhi Deputy CM over the identical allegation.
