Delhi High Court Stays Trial Court Proceedings Against BJP MP Manoj Tiwari In Defamation Case By Manish Sisodia

The Delhi High Court on Wednesday stayed the trial court proceedings against BJP MP Manoj Tiwari in a defamation case filed by former deputy Chief Minister Manish Sisodia and ordered that no further steps be taken against him in the matter.

Justice Dinesh Kumar Sharma issued notice on Tiwari’s plea in relation to the defamation case and listed it for hearing next on November 20.

The defamation case was filed by Sisodia in 2019 against BJP leaders Manoj Tiwari, Hans Raj Hans, Manjinder Singh Sirsa, Parvesh Sahib Singh Verma, Harish Khurana and Vijender Gupta for allegedly making defamatory statements against him in connection with the alleged corruption of nearly Rs 2,000 crore in the building of classrooms in Delhi's government schools.

The trial court proceedings have already been stayed qua Sirsa, Hans, Verma and Khurana.

During the hearing, the counsel appearing for Tiwari submitted that the Supreme Court, while deciding the SLP moved by Tiwari in connection with defamation case, only dealt with the question of grant of sanction under CrPC and that the subsequent petition was maintainable in view of certain “subsequent facts.”

The counsel apprised court that out of the six accused persons, proceedings qua Vijender Gupta were quashed by the Apex Court whereas proceedings against other four BJP leaders, except Tiwari, have already been stayed.

It was submitted that no purpose will be solved by continuing with the proceedings qua Tiwari when they have already been stayed against other accused.

The plea, including the prayer of staying the proceedings, was vehemently opposed by Sisodia’s counsel Rishikesh Kumar who submitted that the petition was a “abuse of process of court.”

He submitted that there were no subsequent facts arising in the case and that Supreme Court had dismissed Tiwari’s SLP and thus, staying proceeding against him would be prejudicial to Sisodia who has not seen any progress since last five years in the matter.

The BJP leaders were issued summons by an Additional Chief Metropolitan Magistrate in 2019 under sections 500 read with 34 of the Indian Penal Code, 1860.

Title: Manoj Tiwari v. Manish Sisodia & Ors. 

Citation: 2023 LiveLaw (Del) 387