The Delhi High Court on Tuesday issued a notice to Delhi Chief Minister Atishi in response to a plea by BJP leader Praveen Shankar Kapoor challenging the rejection of a defamation case against her.
The case pertains to her allegations that the BJP attempted to poach AAP MLAs.
“Issue notice to the respondent,” stated Justice Vikas Mahajan.
Kapoor’s counsel contended that the revisional court exceeded its jurisdiction by dismissing the defamation complaint and quashing the magisterial court’s summons requiring Atishi to stand trial.
He further objected to the court’s characterization of Atishi as a whistleblower, arguing that such observations should be stayed.
The complaint, filed by the former media head and spokesperson of the Delhi BJP unit, alleges that Atishi made unfounded claims during press conferences on January 27 and April 2, 2024, accusing the BJP of attempting to bribe AAP MLAs with offers ranging from Rs 20-25 crore to switch parties.
Atishi subsequently moved the special judge with a revision petition challenging the summons issued by the magisterial court. The complaint initially included former Delhi Chief Minister Arvind Kejriwal as an accused, but the magisterial court, in its May 28, 2024 order, found insufficient grounds to proceed against him.
The court will next hear the matter in April.
On January 28, Special Judge Vishal Gogne ruled that Atishi’s statements fell under the right to freedom of speech concerning political corruption rather than defamation.
The court held that the pre-summoning evidence did not sufficiently justify summoning Atishi as an accused.
This case underscores the ongoing legal and political tensions surrounding allegations of party-switching inducements and the broader discourse on freedom of speech in political contexts.
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