The Supreme Court of India has put a pause on the defamation proceedings against Tejashwi Yadav, Deputy Chief Minister of Bihar and RJD leader, concerning his remarks allegedly targeting Gujaratis. The top court’s bench, consisting of Justices Abhay S Oka and Pankaj Mithal, issued notice on Yadav’s petition seeking the transfer of the criminal defamation complaint from Ahmedabad to Delhi or another “neutral venue.” The petition, filed under Section 406 of the CrPC, is slated for consideration on January 5, 2024.
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The case against Yadav stems from a statement he made during a press address on March 22, which was reported by The Indian Express:
“Jo do thag hai naa, jo thag hai, thagi ko jo anumati hai, aaj ke desh ke halat mein dekha jayein toh sirf Gujarati hi thag ho sakte hai aur uske thag ko maaf kiya jaayega. LIC ka paisa, bank ka paisa de do, fir vo log leke bhaag jaayenge, toh kaun jimmevar hoga?”
(The two cheats that are there, the leeway given to cheats, if today’s situation in the country is seen then, only Gujaratis can be cheats/thugs/fraudsters and their cheating will be forgiven. They will be given LIC’s money, banks’ money and they will run away with it. Then who will be held responsible?).
Senior Advocate Kapil Sibal, representing Yadav, challenged the defamatory nature of the statement, asking,
“Please look at the statement at para 21, how is it defamatory?”
He further clarified,
“It’s better to look at Hindi- ‘Mehul Choksi pe jo notice tha wo hat diya gya hai CBI…'”
During the proceedings, Justice Oka highlighted a specific part of the statement,
“Aj ke halat me dekha jaye to Gujarati hi thag ho sakte hain (in the present state, only Gujaratis can be cheats),”
to which Sibal contended that the statement should be read as “Gujarat hi,” not “Gujarati hi,” asserting that the comment was in reference to two individuals only.
Justice Oka pointed out that the statement implied
“this can happen only in Gujarat,”
and reminded Yadav of his political stature, saying,
“You’re also a politician. We’ll issue notice but take instruction.”
The hearing concluded with Justice Oka humorously noting,
“On a lighter vein, this can be said about many states also,”
to which Sibal assured,
“we’ll make sure this doesn’t happen.”
The case, titled Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta, now awaits further action following the Supreme Court’s stay and the upcoming hearing in January 2024. This development is a significant moment in the ongoing discourse surrounding political speech and defamation in India.
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