Defamation case: Delhi High Court asks BJP's Tajinder Bagga to respond to Subramanian Swamy's plea

New Delhi: The Delhi High Court on Wednesday asked BJP member Tajinder Pal Singh Bagga to file a reply to a plea of party leader Subramanian Swamy who was summoned in a criminal defamation case.

Justice Ravinder Dudeja granted Bagga four weeks to file his response, which includes point of maintainability.

The court gave two weeks to Swamy to file a rejoinder after Bagga's response and posted the hearing on August 26.

Swamy moved the high court challenging the summons issued to him by a magisterial court in the defamation case filed against him by Bagga and sought quashing of the proceedings.

On April 4, 2022, the high court stayed the proceedings before the trial court in the case.

On Wednesday, senior advocate Kapil Sibal, representing Swamy, said Bagga had not yet filed his reply in the matter.

On being asked, Bagga's counsel said Swamy was first required to advance submissions on the issue of maintainability of his plea -- a direction high court gave previously.

Justice Dudeja, however, said, "You should at least file your reply and also make your submissions on the issue of maintainability in it." Swamy was previously asked by the high court to address submissions on the issue of maintainability of his petition as it observed he had moved a superior court without moving a sessions court post issuance of summons.

On March 22, 2022, the magistrate summoned the former Rajya Sabha member as an accused in the defamation case and said there was sufficient ground for proceeding against him.

Bagga alleged in September 2021, Swamy falsely alleged in a tweet that before joining the BJP, he (Bagga) was jailed many times for petty crimes by New Delhi Mandir Marg Police Station.

Swamy’s counsel had argued the trial court order was misconceived as his tweet was misconstrued.

He said there was material in the public domain to show that the "substantial allegation" in his tweet that the complainant was jailed existed.

In his testimony before the trial court, Bagga argued that the allegations against him were false and had been made to harm his reputation.

The trial court said it was prima facie satisfied and there were sufficient grounds for summoning Swamy as and accused.