Shweta Tambade
The Delhi High court rejected a petition filed by BJP leader Manoj Tiwari challenging the summons issued to him in a criminal defamation case by Delhi’s Deputy Chief Minister, Manish Sisodia.
BJP leader Vijender Gupta’s challenge was also dismissed by the court in an order pronounced by Justice Anu Malhotra.
The defamation case was filed by Sisodia against BJP leaders, Members of Parliament Manoj Tiwari, Hans Raj Hans and Pravesh Verma, MLAs Manjinder Singh Sirsa, Vijender Gupta, and Spokesperson Harish Khurana for allegedly making defamatory marks on his involvement in corruption of nearly Rs 2000 crores in the building of classrooms in government schools.
Sr. Adv. Pinky Anand, appearing for Manoj Tiwari, challenged the summons issued by a Rouse Avenue court to Tiwari and other co-accused persons in November last year.
Anand’s main line of attack on the summons order was that the same was based on a CD which had been relied upon as evidence, even in the absence of a record.
She contended that the CD was not legally admissible as evidence in the absence of a record and that the certificate produced under Section 65B of the Evidence Act was also “wholly unreliable.”
Sisodia submitted that this was not the right stage to test the admissibility of evidence.
Sr. Adv. Vikas Pahwa representing Sisodia had urged that the Section 65B certificate produced in the matter did not suffer from any anomaly and was very valid.
He relied on a judgment by the High Court and argued that it was settled law that this Certificate could be submitted at any stage.
He also argued that the accused persons had not denied at any stage that the press conference had taken place, and if there indeed was any corruption, the accused persons should have filed a criminal complaint.
Senior Advocate Sonia Mathur appeared for Vijender Gupta.
