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Delhi court declines cognizance of criminal defamation complaint by BJP MP against party MLA

Court says colouring speeches against political opponents with brush of defamation will bring doomsday in democracy

Delhi court Wednesday said that colouring speeches against political opponents with the “brush of criminal defamation will bring doomsday in the Indian democratic setup”. (Source: File)

Declining to take cognizance of a criminal defamation complaint lodged by a BJP MP against a BJP MLA, a Delhi court Wednesday said that colouring speeches against political opponents with the “brush of criminal defamation will bring doomsday in the Indian democratic setup”.

“It is very common amongst politicians to make attempt to use any piece of information, adverse to their rivals, that they can lay hands on, to their benefit by highlighting the same in media. Further, politicians do point out shortcomings in the performance of their opponents, especially during election campaigns, as a matter of common practice,” said Additional Chief Judicial Magistrate Neha Mittal of Rouse Avenue Court in her order dated March 26.

Darjeeling MP from BJP Raju Bista had lodged the case against BJP’s Kurseong (West Bengal) MLA Bishnu Prasad Sharma, alleging that he had harmed his reputation by stating during a press conference in April 2024 that the former had been involved in corrupt practices related to the Jal Jeevan Mission project.

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As per the complainant, Sharma alleged that the entire Jal Jeevan Mission project was allocated and work orders were issued in the name of a company where the MP holds the position of Managing Director.

“A demand for an inquiry into purported instances of corruption cannot make one liable for the offence of defamation, at least not without holding any inquiry into the same and coming to the conclusion that the allegations were unfounded and baseless. Moreover, merely because the questions were addressed to the complainant cannot imply that the same were raised with intention to defame him,” the Court said.

“It is also pertinent to note that the complainant has failed to specify the name of even a single public person, in whose estimation, it can be said that the image of complainant has been lowered or damage has been caused to his reputation,” it added.

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