Delhi Court Summons 5 Aam Aadmi Party Leaders In Defamation Case By BJP Leader Chhail Bihari Goswami

A Delhi Court has summoned five leaders belonging to the Aam Aadmi Party namely Satyender Jain, Aatishi Marlena, Raghav Chadha, Durgesh Pathak and Sourabh Bhardwaj in a defamation case filed by BJP Leader Chhail Bihari Goswami.

Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey was of the prima facie view that the accused persons had committed the offences under sec. 499 (Defamation) and 500 (Punishment for defamation) under Indian Penal Code read with sec. 34 of the Code.

"Hence, these accused persons be summoned through SHO PS Civil Lines on filing of PF on 14.03.2022 at 2.00 pm," the Court ordered.

The complainant Chhail Bihari Goswami alleged that with the common intention to win the upcoming Municipal Elections, the accused persons were misleading the general public and were allegedly creating negative image of councilors of BJP including himself.

He averred that the AAP led Delhi Government, with dishonest intention and in order to gain political mileage in the upcoming Municipal Corporation Elections, was not releasing the consolidated due funds for sum of Rs. 13,000 Crores approximately to the three Corporations so that developmental work could not be undertaken.

The complainant alleged that Durgesh Pathak in furtherance of the criminal conspiracy alongwith other accused persons, held a Press Conference in which he made false and misleading statement which was defamatory in nature.

According to the complainant, Pathak claimed that there was a corruption of Rs. 1400 Crores in the North MCD and that the same was illegally collected by BJP councillors.

It was averred that the said statement was live streamed on the Facebook Page of Aam Aadmi Party and was published in newspapers. The complainant alleged that Pathak had also tweeted the defamatory statement that BJP leaders had misappropriated the salaries of employees worth of Rs. 2500 Crores.

Furthermore, complainant also alleged that Satyender Jain had made similar defamatory statement which was published in Danik Jagran newspaper. Similar allegations were made against other accused persons.

It was thus the complainant's case that the accused persons with dishonest intention to lower the moral and intellectual character of the complainant in the eyes of general public had made defamatory imputation which were published widely in the print and electronic media.

Perusing the material on record, the Court ordered thus:

"I have heard the detailed arguments as advanced on behalf of the complainant, perused the statement of witnesses who were examined in pre summoning evidence by the complainant and documents produced and proved in pre summoning evidence. The Court is of the considered view that prima facie accused persons namely Satyender Jain, Aatishi Marlena, Raghav Chadha, Durgesh Pathak and Sourabh Bhardwaj have committed the offence punishable U/s 499/500 IPC read with Section 34 IPC."

Title: Chhail Bihari Goswami Vs. Satyendra Jain & Ors.