Greeva Garg–
Supreme Court will take up Bharatiya Janata Party (BJP) MP Manoj Tiwari’s plea challenging the Delhi High Court’s refusal to quash summons issued in the defamation case filed by Delhi Deputy CM Manish Sisodia, on August 25, 2021.
The bench comprising of Justice Indira Banerjee and Justice V Ramasubramanian posted the matter for a further date, observing that it should be heard on a non-miscellaneous day.
Supreme Court in January stayed the proceedings in the defamation case against Tiwari. An application for a vacation of stay has also been filed before the top Court.
The Additional City Metropolitan Magistrate, Rouse Avenue Courts, New Delhi issued the summons to Tiwari, accusing him of the criminal complaint by Sisodia.
Challenging the summons, Tiwari approached the High Court, but the Single Bench of Justice Anu Malhotra rejected his plea on December 17, 2020.
Tiwari then approached the Supreme Court, filed the Special Leave Petition (SLP) stating that the Magistrate, while issuing summons, ignored the provision of Section 199(2) of the Code of Criminal Procedure (CrPC) while taking cognizance of the complaint.
SLP also stated that the defamation complaint filed by Sisodia invoked Section 199(6) of CrPC. Therefore, summoning orders issued are without any jurisdiction.
“The High Court miserably erred in dismissing the aforesaid petition, filed by the petitioner, while holding that the legally inadmissible evidence produced before the Ld. Trial Court in terms of Section 65-B of the Indian Evidence Act, 1872. The High Court ignored the statements made by the petitioner, during the Press Conference and, the tweets made thereafter would harm the reputation of the complainant. Whether the acts of the Petitioner would fall within any of the exceptions to Section 499 of the IPC can only be determined on trial”, the petition said.
Also Read: Delhi HC rejects plea by BJP leader Manoj Tiwari against defamation case
