In a significant legal development, Aam Aadmi Party (AAP) Member of Parliament Raghav Chadha has escalated his legal battle by moving to the Delhi High Court. This move challenges a trial court’s decision that dismissed his appeal against summons in a defamation case. The case, filed by BJP leader Chhail Bihari Goswami, has now reached a higher judicial forum, indicating the seriousness of the allegations and the legal response.
Justice Swarana Kanta Sharma of the Delhi High Court, upon reviewing the submissions from Chadha’s counsel, has instructed the filing of additional documents for a comprehensive review of the case. The matter has been scheduled for a subsequent hearing on December 11, 2023. This development follows the Delhi court’s decision on November 9, where the revision petitions filed by AAP leaders Satyender Jain and Raghav Chadha were rejected in the defamation case initiated by Goswami.
In a detailed judgment, Special Judge M K Nagpal of Rouse Avenue Court upheld the magisterial court’s summoning order. The judge stated,
“both these criminal revision petitions are dismissed, and the impugned orders dated 16.02.2022 and 09.11.2022 are upheld being perfectly correct and legal on facts as well as in law.”
This statement affirmed the legality and correctness of the summoning of the accused in the defamation case.
The complaint by Goswami centers around allegations of defamatory remarks made by Jain, a former Delhi minister and sitting MLA, and Chadha, a Rajya Sabha MP from Punjab, concerning the North Delhi Municipal Corporation (NDMC) funds. Goswami, who served as the chairperson of the NDMC Standing Committee, accused the AAP leaders of making statements intended to
“lower the moral and intellectual character of the complainant in the eyes of the general public.”
These allegations are based on statements that purportedly involve the misappropriation of funds, estimated to be around Rs 2400-2500 crore, by the BJP-controlled North MCD. The statements were disseminated through various channels, including press conferences, social media platforms like Twitter, and newspaper publications.
In a related but separate matter, the Supreme Court was informed that Chadha would offer an unconditional apology to Rajya Sabha chairperson Jagdeep Dhankar. This apology pertains to a ‘misconduct’ incident that resulted in Chadha’s suspension from the House. The incident involved the inclusion of names of some members of the Upper House without their consent in a proposed select committee for the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
This ongoing case is a reflection of the intricate and often contentious nature of political and legal interactions in India. The defamation suit against prominent political figures like Chadha and Jain, and their subsequent legal responses, underscore the complex dynamics of political discourse and legal accountability in the country. The outcome of this case is awaited with keen interest, as it is likely to set a precedent for future political and legal engagements in similar matters.
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