The Delhi High Court on Tuesday issued a notice to Chief Minister Sheila Dikshit on Delhi BJP chief Vijender Guptas plea against a summons issued to him on her defamation complaint.
Seeking a reply from Dikshit,Justice P K Bhasin posted the matter for August 13 on Guptas plea for quashing the trial court summons to him on the ground that the entire material supporting her complaint was based on hearsay.
The court declined to stay the summoning order but it granted Gupta the liberty to seek exemption from personal appearance before the magistrate on July 12,the date fixed in the trial court.
The summons were issued to Gupta on Dikshits allegation that he had used uncivilised language to defame her before the MCD polls,held on April 15.
In his petition to the High Court,Gupta sought quashing of the magisterial courts order stating,The allegations made in the complaint and evidence led in support of the complaint did not make out a case of summoning the petitioner as the entire material produced or statement made in support of the complaint was based on hearsay evidence.
The magistrate committed grave error under law by acting on newspaper reports which are only basis of complaint and complainant evidence in support of the complaint…,said the petitioner.
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