Delhi Court Summons BJP Leader Subramanian Swamy in Defamation Case Filed by Fellow Partyman Tajinder Bagga
(Judicial Quest News Network)
In a defamation case filed by BJP leader Tajinder Pal Singh Bagga against senior BJP leader and Rajya Sabha MP Subramanian Swamy, Delhi court issued a summon.
Additional Chief Metropolitan Magistrate Dharmender Singh found “sufficient grounds” to proceed and summon Swamy, a former Union Minister
“In the present case, respondent made tweet dated 28.09.2021 which
was conveyed to public through social media and statement which was made in said tweet clearly shows that it has been alleged that before joining BJP complainant was jailed many times for petty crimes by Mandir Marg Police Station and even the source of information is also mentioned in said tweet however, as per the testimony of CW1 (complainant) made on oath, these allegations are false and have been made to harm the reputation of complainant. Even CW4 (SI Sandeep
Kumar, PS Mandir Marg) has also corroborated the version of complainant and in this respect, he filed the report Ex.CW4/1. This clearly shows that without verifying the veracity of the statement, respondent made the same and in view of this court, said statement is sufficient to raise the reasonable doubt about the antecedents and character of complainant. CW2 and CW3 made statement before
court that tweet dated 28.09.2021 came in their knowledge and they sought explanation or made inquiry regarding the same from complainant. “Reads order.
In this case Bagga had asked Swamy to prove his allegations.
Bagga alleged that Swamy has a following of 10 million followers on Twitter, put out a false and incorrect” tweet accusing him of being jailed before joining the BJP. He, thus, alleged that the tweet was read by thousands of followers of the respondent indicating its huge reach.
As per case of complainant, he is well known public and political
figure and presently acting as “National Secretary for Youth, Bhartiya Janata Party” and “Spokesperson of Delhi State, Bhartiya Janata Party”. It is submitted that he was also BJP’s candidate from Hari Nagar constituency in State Assembly Elections 2020 and has a twitter following of about 7,59,000 people. It is submitted that due to above reasons, he holds and enjoys good reputation in the eyes of general public.
The order recorded Bagga’s submission that the tweet was “absolutely false and incorrect and was solely made to harm the reputation of the complainant and to defame him.
“It is submitted that no FIR or any written complaint bearing any DD
No. was registered/lodged against complainant at PS Mandir Marg. It is submitted
that complainant was never arrested for any crime by Mandir Marg Police Station “it added.
The court was, as a result informed that Swamy had committed an offence under Section 500(defamation) of the Indian Penal Code.
Advocate Vikas Padora represented Bagga
