MP Manoj Tiwari seeks quashing of summons in Sisodia’s defamation plea, HC asks for legible docs

BJP MP Manoj Tiwari Thursday urged the Delhi High Court to quash the summons issued to him in a criminal defamation case filed by Delhi Deputy Chief Minister Manish Sisodia for allegedly levelling corruption charges against him.

The high court asked Tiwari’s counsel to file legible copies of certain documents as also the physical copies of judgements relied upon by him.

Justice Anu Malhotra listed the matter for further hearing on December 7.

During the hearing, senior advocate Pinky Anand, representing Tiwari, argued that the summoning order of the trial court was based on legally inadmissible evidence so it was illegal.

She further claimed that the trial court’s November 28, 2019 order was bad in law and it should be quashed.

BJP MLA Vijender Gupta, represented through senior advocate Sonia Mathur, has also challenged the trial court’s order summoning him as an accused in the defamation complaint.

Delhi government standing counsel (criminal) Rahul Mehra submitted that several documents placed by Tiwari are not legible and the leader be asked to file typed copies.

The high court found the submission to be correct and asked the petitioner’s counsel to file legible copies of the documents.

It also asked the high court registry to ensure that before the matter is listed for hearing, legible copies of the documents are placed on record.

Both the BJP leaders have challenged the trial court’s November 28, 2019 order summoning them and others as accused in the criminal defamation case filed by Sisodia.

Sisodia had filed the complaint against BJP leaders -- Members of Parliament Manoj Tiwari, Hans Raj Hans and Pravesh Verma, MLAs Manjinder Singh Sirsa and Vijender Gupta and BJP spokesperson Harish Khurana -- for allegedly making corruption charges against him in relation to Delhi government schools’ classrooms.

The accused were earlier granted bail after they appeared before the trial court.

The AAP leader had filed the complaint under section 200 of CrPC for commission of offences under Section 499 and 500 read with Sections 34 and 35 of the IPC for making false and defamatory statements in print, electronic and social media.

Sisodia had stated that all the allegations made by the BJP leaders jointly and individually were false, defamatory and derogatory with an intention to harm and damage his reputation and goodwill.

If convicted, the offence of defamation entails a maximum punishment of two years.