HC notice to CM on Gupta's plea to quash summons against him
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The Delhi High Court on Tuesday issued notice to Chief Minister Sheila Dikshit on BJP leader Vijender Gupta's plea against a trial court order summoning him on the CM's complaint for his prosecution for allegedly defaming her.
Issuing notice to Dikshit, Justice P.K. Bhasin sought her reply by August 13 to Gupta's plea for quashing the trial court summon to him on the ground that the entire material, supporting her complaint, was based on hearsay.
The court while declining to stay the trial court's summoning order, however, granted Gupta the liberty to seek exemption from personal appearance before the magistrate on July 12, the date fixed for Gupta to appear.
"The court declined our plea to stay the trial court's summoning order but allowed us to move an application for Gupta's exemption on July 12 before the magistrate," Gupta's counsel Ajay Dipole said after the court proceedings. Metropolitan Magistrate SAM Shaun had on June 22 issued fresh summons for July 12 to the Delhi BPS chief after he had failed to appear before the court in response to its earlier summons issued on June 4.
The summons were issued against Gupta on Dikshit's allegation that he had used 'uncivilised language' to defame her before the MCD polls, held on April 15. In his petition to the high court, Gupta sought quashing of the magisterial court's order saying "the allegations made in the complaint and evidence led in support of the complaint did not make out a case of summoning the petitioner as the entire material produced or statement made in support of the complaint was based on hearsay evidence."
"The magistrate committed grave error under law by acting on newspaper reports which are only basis of complaint and complainant evidence in support of the complaint...," the petitioner said adding "the magistrate had acted in haste and passed the impugned order of summoning arbitrarily and mechanically and as such the impugned order is liable to be quashed or set aside."
Dikshit, in her complaint, had said the BJP leader had used 'uncivilised' language against her before the MCD polls to gain political mileage and for maligning her. The chief minister had also filed a civil suit in the high court demanding a token damage of Rs one from Gupta for erecting hoardings across the city, accusing her government of conniving with private discoms and indulging in corruption in determining power tariff.
Gupta, however, had contended in the high court that 'fair' criticism is part and parcel of a healthy democracy. The chief minister had testified that she had sent legal notices to Gupta after the civic polls but the BJP leader did not apologise and rather stood by his remarks.
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