[Defamation Case] Uddhav Thackeray & Sanjay Raut seek Quashing of Summons

Thank you for reading this post, don't forget to subscribe!

Shiv Sena (UBT) leaders Uddhav Thackeray and Sanjay Raut approached a special court to nullify summons issued against them in a defamation case filed by fellow Shiv Sena leader Rahul Shewale.

Mumbai: (On 12th June): Shiv Sena (UBT) leaders Uddhav Thackeray and Sanjay Raut approached a special court to nullify summons issued against them in a defamation case filed by fellow Shiv Sena leader Rahul Shewale.

The rejection of their discharge application by a magistrate, who stated that the Criminal Procedure Code doesn’t provide a provision to discharge accused after issuing process in summary cases.

Thackeray and Raut, represented by their advocate, have filed a review application before a special court for MPs and MLAs, seeking to set aside the magistrate’s decision.

Shewale, aligned with Shiv Sena led by Chief Minister Eknath Shinde, accuses Thackeray and Raut of defamation under IPC section 500 for allegedly publishing defamatory articles in ‘Saamana’ (Marathi and Hindi editions). In response, Thackeray and Raut argue that the article was based on a press conference and was also reported by other media. They claim selective targeting by Shewale.

They cite Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression, including press freedom. Their petition asserts the complaint’s facts are false and don’t prima facie prove an offence under IPC section 500.

“The presence of a free, independent, and influential media is fundamental to democracy. It is incumbent upon the press to disseminate interviews with political figures, their perspectives on the social and economic advancement of our nation, and their critiques of fellow political leaders.”

It argues that the magistrate’s decision to issue the summons was flawed and failing to overturn it would result in “irreparable harm and prejudice to the petitioners that cannot be rectified, ultimately resulting in a miscarriage of justice.”

Chitra Salunke, representing Shewale, raised no objections to this plea, and the court is expected to rule on June 13.

Shewale’s complaint centers on a December 29, 2022, article alleging he has business interests in Karachi, which he describes as a baseless attempt to tarnish his reputation and political career through “vendetta journalism.”

FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE

author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

Similar Posts