Court Issues Notice to BJP’s Praveen Shankar Kapoor After CM Atishi Challenges Defamation Summons, Next Hearing on October 7

Today(30th Sept), Delhi Chief Minister Atishi Marlena has challenged the summoning order in a defamation case, leading the court to issue a notice to BJP leader Praveen Shankar Kapoor. The matter is scheduled for a hearing on October 7 before both the Special Court and the Additional Chief Metropolitan Magistrate.

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NEW DELHI: Delhi Chief Minister Atishi Marlena has recently challenged a summoning order issued in a defamation case filed by Bharatiya Janata Party (BJP) leader Praveen Shankar Kapoor. This legal development is part of an ongoing political tussle between the Aam Aadmi Party (AAP) and BJP, with allegations and counter-allegations flying in both directions.

Summoning Order Challenged in Special Court

Today(30th Sept), Special Court Judge Vishal Gogne responded to Atishi Marlena’s challenge to the summoning order by issuing a notice to the complainant, BJP leader Praveen Shankar Kapoor. Kapoor had filed a defamation complaint against Atishi, accusing her of making defamatory statements about the BJP during a press conference earlier this year.

The Special Court has scheduled the next hearing for October 7, 2024. Coincidentally, the same matter is also listed for hearing before the Additional Chief Metropolitan Magistrate (ACMM) on the same day.

In her defense, Atishi Marlena is being represented by a team of seasoned legal professionals. Senior Advocate Ramesh Gupta, along with Advocates Shailendra Singh and Mudit Jain, appeared in court on behalf of Atishi. Their legal strategy has been focused on refuting the defamation claims made by the BJP leader and challenging the legitimacy of the summons issued to Atishi.

The case traces its origins to a press conference held by Atishi Marlena in early April 2024, during which she made certain allegations against the BJP. Following her statements, BJP leader Praveen Shankar Kapoor filed a defamation complaint against her.

On May 28, 2024, the Magistrate at Rouse Avenue Court issued a summons to Atishi Marlena, requiring her to respond to the allegations made by Kapoor.

Bail Granted to Atishi

Atishi Marlena, who is known for her vocal stance against the BJP, appeared physically in court on July 23, 2024. On that day, the Rouse Avenue Court granted her bail after she furnished the required bail bond. This allowed her to avoid immediate arrest and continue with her political activities, although the defamation case continues to loom large over her.

Allegations Against Atishi Marlena

The defamation case hinges on Atishi’s claims that the BJP had allegedly approached her through a “very close” person and asked her to join their party. The claims were made publicly during a press conference and have since sparked a heated legal battle.

Before filing the complaint, Delhi BJP leader Praveen Shankar Kapoor sent a legal notice to Atishi over her remarks. The notice accused her of making defamatory statements intended to tarnish the reputation of the BJP.

According to the legal notice, Kapoor stated

“During a press conference on April 2, 2024, Atishi alleged that the BJP had reached out to her with an offer to join the party.”

Kapoor’s legal team, through Advocate Satya Ranjan Swain, further elaborated on their accusations, stating that Atishi’s remarks were not only “false, scandalous, concocted, and illusionary” but also aimed at defaming the BJP and its members. The notice also highlighted the lack of specific details in Atishi’s accusations, arguing that her claims were made “deliberately and with malicious intent” to harm the reputation of the party.

The legal notice read

“In her entire speech, she failed to disclose any specific details regarding the source of her information or the actions of the BJP. Lacking any particulars, your statement appears to be a deliberate attempt to project your own imagination and concerns.”

Demand for Apology

The notice served by Kapoor requested Atishi to withdraw her statements and issue an apology publicly. The BJP leader demanded that Atishi not only retract her speech but also telecast her apology prominently across television and social media platforms.

The Allegations Made by Atishi Marlena

The controversy erupted when Atishi, during her April 2024 press conference, accused the Bharatiya Janata Party of attempting to lure her into their fold. She alleged that the BJP had offered her protection from potential legal repercussions if she agreed to join the party.

During the press conference, Atishi said

“The BJP, through one of my close associates, reached out to me to join their party to protect my political career, warning that if I did not comply, I would be arrested by the ED in the coming month.”

These remarks by Atishi caused a significant uproar within the BJP, leading to Kapoor’s defamation complaint. The claim that the BJP was using central investigative agencies like the Enforcement Directorate (ED) to intimidate political rivals is a serious allegation, which Atishi made openly and repeatedly.

Atishi also accused the BJP-led central government of attempting to silence AAP leaders through intimidation tactics. She claimed that central investigative agencies were being misused to target her and other AAP leaders.

In a pointed statement during the press conference, Atishi said

“I want to convey to the BJP that we will not be intimidated by you. We are soldiers of Arvind Kejriwal and supporters of Bhagat Singh. We will continue to uphold the Constitution and strive to provide the people with a better life under Arvind Kejriwal’s leadership.”

Her remarks underscore AAP’s long-standing political positioning as defenders of the people and the Constitution, in contrast to what they see as BJP’s authoritarian approach.

In addition to her claims of being targeted, Atishi further predicted that more AAP leaders would face arrest in the coming months. She alleged that the BJP’s strategy included using central agencies like the ED to weaken AAP before the upcoming general elections.

She stated

“In the coming two months before the general elections, a few more leaders, including Raghav Chadha and Saurabh Bharadwaj, would be arrested by the central probing agencies.”

This statement suggests that Atishi believes the BJP’s efforts to undermine AAP will intensify as election season approaches, with key figures within the party becoming targets of central investigations.

The next hearing scheduled for October 7.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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