The Supreme Court dismissed retired IPS officer Param Vir Rathee’s plea challenging the quashing of summons to INLD chief Abhay Chautala in a 2008 defamation case.
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NEW DELHI: the Supreme Court on Tuesday dismissed a plea filed by retired IPS officer Param Vir Rathee, challenging the Punjab and Haryana High Court’s order that had quashed the summoning of Indian National Lok Dal (INLD) chief Abhay Singh Chautala in a long-pending defamation case.
A bench of Justices M.M. Sundresh and Satish Chandra Sharma declined to interfere with the December 19, 2023, decision of the high court, thereby bringing an end to 16 years of litigation in Chautala’s favour.
Background of the Case
The case dates back to August 2008, when Rathee filed a complaint alleging that Chautala and others had made defamatory statements against him, which were subsequently published in various newspapers. According to Rathee, these remarks caused “irreparable loss and damage” to his reputation.
In 2010, a Gurugram court summoned Chautala in connection with the allegations. The summoning order was upheld by the additional district and sessions court after Chautala challenged it. However, when the matter reached the Punjab and Haryana High Court, the court found serious deficiencies in the evidence presented.
High Court’s Observations
While quashing the summoning order, the High Court observed that Rathee’s preliminary evidence did not establish that Chautala had actually made the alleged defamatory statements. Importantly, the court noted that:
- The complaint did not mention any prior ill-will between Chautala and Rathee.
- There was no evidence to demonstrate malice, mala fide intent, or an oblique motive on Chautala’s part.
Concluding that the complaint lacked sufficient proof of defamatory intent, the High Court termed it a fit case “to prevent abuse of the process of law.”
Supreme Court Endorses High Court’s Reasoning
The Supreme Court endorsed the reasoning of the High Court and refused to revive the proceedings. With this dismissal, Abhay Singh Chautala stands cleared of the long-standing defamation charges, effectively closing a chapter of litigation that stretched over 16 years.
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