Sanjay Raut acquitted in defamation case filed by Kirit Somaiya’s wife
Medha Somaiya, a professor of organic chemistry at a Mumbai college, had filed the defamation complaint in 2022, alleging that Raut made statements accusing her husband of involvement in the alleged scam, which were subsequently published in various news outlets
The court observed that the video in which Medha claimed to have seen Raut making the statements against her was not fully produced before the court in either of the clips relied upon as evidence (File Photo)
A special court in Mumbai on Thursday acquitted Shiv Sena (UBT) MP Sanjay Raut in a defamation case filed by Medha Somaiya, wife of BJP leader Kirit Somaiya, in connection with Raut’s allegations of a “toilet scam” in the Mira-Bhayander Municipal Corporation, holding that the complainant had failed to prove that Raut published information with the intent to harm her reputation.
Medha Somaiya, a professor of organic chemistry at a Mumbai college, had filed the defamation complaint in 2022, alleging that Raut made statements accusing her husband of involvement in the alleged scam, which were subsequently published in various news outlets, including Shiv Sena’s mouthpiece Saamana.
The court observed that the video in which Medha claimed to have seen Raut making the statements against her was not fully produced before the court in either of the clips relied upon as evidence. It also noted that the person who recorded the video and conducted Raut’s interview was not examined. “In absence of said evidence, it cannot be held that the accused with malice published defamatory statements against the complainant,” special judge Mahesh K Jadhav said.
Raut’s counsel Manoj Pingale argued that there was a possibility the videos had been edited. The court noted that while Medha stated she first saw the video on April 15, 2022, at her residence and again the following day, the evidence showed that the video was first telecast only on April 16, 2022. “This discrepancy cannot rule out the defence of the accused about the editing of said video,” the court said.
On September 26, 2024, a magistrate court had convicted Raut and sentenced him to 15 days’ imprisonment, observing that his statements had “shattered the image” of Medha and caused her mental agony. The magistrate court had held that even if Raut did not intend to defame her, he knew the statements would harm her reputation if published. The sentence was suspended for a month, during which Raut filed an appeal before the special court designated to try cases involving MPs and MLAs.
Allowing the appeal, the special court held that Raut could not be held liable for the news published in Saamana as he is not its editor, and there was no evidence to show that the article was published at his instance or that he was its author. The court noted that the editor of the newspaper had testified that the article was based on a letter written by Shiv Sena MLA Pratap Sarnaik and a report submitted by the municipal commissioner. Raut, the court added, could similarly not be held responsible for articles published in other newspapers.
The special court further observed that the magistrate court had failed to consider that during cross-examination, Medha was questioned about a letter written to the municipal commissioner and that she had avoided answering. “…complainant has knowledge about the proceedings initiated against her by the concerned authority, but she avoided giving an answer to that effect. But the learned Lower Court, ignoring this evidence, held that no such suggestion was put to the complainant during the cross-examination,” the court said.
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Advocates Vivekanand Gupta and Laxman Kanal, appearing for Medha, said they would challenge the acquittal before the Bombay High Court.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
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