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Delhi High Court Issues Notice To CM Atishi In Defamation Case Filed By BJP Leader Praveen Shankar Kapoor

New Delhi [India], February 4: The Delhi High Court on Tuesday issued a notice to Delhi Chief Minister Atishi Marlena in response to a petition filed by BJP leader Praveen Shankar Kapoor. Kapoor has challenged the trial court’s decision to quash the summons issued to Atishi in a defamation case filed by him. Justice Vikas Mahajan, after hearing submissions from Senior Advocate Ajay Burman, determined that the matter required further consideration and issued a notice through all permissible modes. The next hearing is scheduled for April 30.

CM Atishi had previously challenged the summons issued to her in relation to the defamation complaint filed by Kapoor, and the trial court had ruled in her favor. Kapoor, however, has now challenged that ruling in the High Court.

Kapoor’s legal team, led by Senior Advocate Burman, argued that the revision court overstepped its jurisdiction by requesting a status report on the complaint filed by Delhi BJP President Virender Sachdeva while quashing the summons. Burman further contended that Atishi, who made certain allegations against the BJP, could not be considered a whistleblower since she did not file any formal complaint or provide a source for her allegations. It was argued that Atishi and AAP leader Arvind Kejriwal made false claims against the BJP in a press conference, and Atishi subsequently retweeted these allegations.

Burman also highlighted that the magistrate court had issued summons to Atishi after a detailed order was passed in response to Kapoor’s complaint. The revision court’s involvement in the case was challenged, with Burman asserting that it wrongly considered the issue as part of a political discourse. Furthermore, Burman emphasized that Atishi had failed to provide any evidence or material supporting her allegations.

The petition also mentioned that serious allegations were made by Kejriwal, claiming that 21 MLAs were offered bribes to switch allegiance to the BJP. Atishi repeated these claims, but the sources of these allegations remained undisclosed, which Kapoor’s counsel argued undermined their credibility.

Kapoor’s petition points out that, despite Atishi’s position as a public figure, she never made any formal complaint regarding her allegations. The counsel argued that this lack of action and supporting evidence raises questions about her role as a whistleblower.

Kapoor also argued that as a member of the BJP, he was directly aggrieved by the defamatory statements made by Atishi. The petition emphasizes that any defamatory statements against the party, especially when targeting its members or office bearers, can be considered as defamation against the individual members as well.

On January 30, Kapoor moved the Delhi High Court seeking the quashing of the Rouse Avenue Court’s order, which had overturned the summons issued to CM Atishi in the defamation case. Kapoor argued that the special judge had erred by substituting the magistrate’s discretion with his own views and by venturing into political analysis that was beyond the scope of the revision proceedings.

The petition further claims that the special judge had failed to properly consider the principles established by the Supreme Court regarding defamation and the rights of individuals or groups to seek legal recourse in such cases. Kapoor’s legal team argued that the special judge had undermined established legal precedents and misinterpreted the case, leading to an unjust dismissal of the complaint.

In the petition, Kapoor calls for the quashing of the special judge’s order and the revival of the defamation case, asserting that the trial court’s decision was legally flawed. The case revolves around Atishi’s accusations that the BJP attempted to poach AAP MLAs by offering bribes, a matter which Kapoor believes requires a proper trial to address the allegations.

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