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Delhi High Court stays summons against BJP MLA Vijendra Gupta in Kailash Gahlot defamation case

On October 11, 2021, ACMM Ravindra Kumar Pandey of the Rouse Avenue Court had issued the summons against Gupta observing that he had prima-facie committed the offences punishable under section 499, 500 and 501 of the Indian Penal Code.

The summons issued by a trial court against BJP MLA Vijender Gupta in a criminal defamation case filed by Delhi Cabinet Minister Kailash Gahlot for allegedly making defamatory remarks over the procurement of 1,000 low-floor buses was stayed by the Delhi High Court today. Gahlot had filed the defamation case against Vijender Gupta in Delhi’s Rouse Avenue Court.

Justice Manoj Kumar Ohri of the Delhi High Court sought Gahlot’s response on Gupta’s plea for the quashing of the summoning order. The Delhi High Court granted the stay while posting the matter for hearing on March 4, 2022. The Court also sought the state’s stand on the plea.

Gupta, an accused by the trial court on October 11, on the Delhi Transport Minister’s complaint was also asked to appear before it on November 16. MLA Vijender Gupta had accused of corruption in the procurement process.

On October 11, 2021, ACMM Ravindra Kumar Pandey of the Rouse Avenue Court had issued the summons against Gupta observing that he had prima-facie committed the offences punishable under section 499, 500 and 501 of the Indian Penal Code.

Challenging the order, Gupta stated that his tweets or posts were based on his own opinion and facts true to his knowledge, and were published and expressed in good faith. In his complaint before the trial court, Gahlot alleged that Gupta had defamed him intentionally and for malafide purposes and tarnished his reputation to gain political mileage.

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Gahlot also claimed that Gupta levelled defamatory, scandalous, mischievous, false and scurrilous allegations verbally as well as in writing.

Delhi Jal Board Vice-Chairman Raghav Chadha has also filed a criminal defamation case against sveral BJP MLAs including Gupta and Badarpur MLA Ramvir Bidhuri for their alleging a Rs 26,000 crore scam in the Jal Board. The Rouse Avenue Court has issued summons to the BJP leaders seeing a prima facie case against them.

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