Vijender plea: Notice to CM

Jul 18, 2013 |

Age Correspondent

New Delhi

The Delhi high court on Wednesday issued notice to chief minister Sheila Dikshit on a petition filed by BJP leader Vijender Gupta challenging a trial court order for framing of charges against him in a criminal defamation complaint lodged by her and seeking a stay on its proceedings.
Justice J.R. Midha directed the chief minister to file her reply by August 5 and also issued a notice to the state government.
Mr Gupta had moved the high court against the July 1 order of a magisterial court holding that charge under Section 500 IPC (punishment for defamation) is made out against him. The trial court order had come on a complaint filed by Ms Dikshit alleging that the BJP leader used uncivilised language against her in the run up to MCD polls last year.
Mr Gupta in his appeal contended Ms Dikshit had instituted a false and frivolous complaint on the basis of newspapers reports which had published his interview. “Our entire case is that it is hearsay and all the newspaper reports have been wrongly published,” he contended adding the trial court had mechanically issued summons seeking his personal appearance. Mr Gupta’s counsel Ajay Burman told the high court that “Dikshit had in her complaint showed him to be the alleged maker of the statements which were published by various newspapers but neither any reporter, editor, printer or publisher has been made an accused nor produced as a witness.”
“The content of newspaper reports read in entirety and in its context clearly show that the same are not defamatory .... The alleged newspaper reports show that words used in context give a different meaning and cannot be termed as defamatory,” he said, adding that Ms Dikshit had chosen words separately to file the complaint. He said Dikshit’s complaint is a “counter-blast” to a complaint filed against her by Mr Gupta.
He also said there was no cogent material or evidence before the trial court to pass such an order. “In criminal law, everybody is innocent until found guilty. When the complainant (Dikshit) has not filed a proper complaint nor led proper evidence, why should I face the trial”? he said.

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