'Prima Facie Defamation': Mumbai Court Summons Shiv Sena's Sanjay Raut In Complaint By BJP Leader Kirit Somaiya's Wife

Magistrate PI Mokhashi issued summons to Raut under section 204(a) of the CrPC returnable on July 4, 2022.

"These documents and video clips produced on record prima facie reveals that the accused has made defamatory statements against the complainant on 15/04/2022 and 16/04/2022 so that it will be seen by the public at large and read by the public in newspapers," the judge said.

He added that ingredients of defamation were made out as prima facie words used would have hurt Somaiya's reputation.

The private complaint was filed through Advocate Vivekanand Gupta after Raut accused the Somaiyas of a 'Rs 100 crore toilet scam' in the Mira-Bhayandar area. The Shiv Sena leader alleged that funds allocated by the Mira-Bhayandar Municipal Corporation for the construction of toilets within its jurisdiction were allegedly misused by Medha through her non-government organisation, Yuvak Pratishthan.

Medha Somaiya is a professor for organic chemistry for more than 20 years in Ruia College, associated with the Tata Institute of Social Sciences (TISS), Raigad, and also runs the NGP Yuvak Pratishthan, according to the complaint.

In its order the court said that Somaiya had provided links to the alleged defamatory content available on YouTube channels. She had also provided videos in a pendrive which were supported by a certificate under section 65B of the Indian Evidence Act.

The court further relied on an affidavit filed by Medha Somaiya.

"Ingredients of section 500 is prima-faciely proved against accused," the bench finally said in its order.