Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.

Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.

Bagga filed the case against the journalist seeking action of criminal defamation after she posted a tweet in 2017 in relation to his appointment as spokesperson of the political party.

Chaturvedi had tweeted: "Now the man who beat up @pbhushan1 was arrested in a sexual harassment case speaks for @BJP4India. Good job.”

A magistrate court in 2018 summoned Chaturvedi to appear before it. Later, the journalist’s challenge to the order was dismissed in December last year.

The journalist has moved the High Court challenging the orders of the magistrate court and sessions court. 

Advocate Adit Pujari appearing for Chaturvedi submitted that no second witness was examined before the trial court as per explanation 2 of section 499 of IPC who can say that Bagga’s image has been lowered because of the tweet.

It was also submitted that Bagga himself said that he had beaten up Bhushan in 2011 and that the victim of the sexual harassment case herself had tweeted against Bagga.

The counsel appearing for the State submitted that the petition is nothing but a second petition filed under the garb of a petition under section 482 of CrPC. It was also submitted that there are concurrent findings of two courts against the journalist.

The counsel appearing for Bagga submitted that the question of whether his image was lowered in the eyes of public is a question of fact which can be decided by evidence.

It was further submitted that the matter regarding beating of Bhushan is sub judice before the Patiala House Court and that no evidence has been adduced to even prima facie indicate that he made such a claim.

It was also submitted that Bagga has never been arrested in any sexual harassment case and that the journalist’s plea lacks merit.

Hearing the parties, the court ordered:

“Issue notice. Response be filed within two weeks. Rejoineder if any be filed within two weeks. Till such date, the trial court proceedings are stayed. List on July 17.”

Advocates Adit Pujari and Akshat Gupta represented the petitioner.

Title: Swati Chaturvedi v. State

Citation: 2023 LiveLaw (Del) 212