The Supreme Court on Wednesday extended its earlier order exempting Union Agriculture Minister Shivraj Singh Chouhan from personal appearance before a trial court in connection with a criminal defamation case lodged against him by Congress MP Vivek Tankha.
Tankha, a senior advocate and Rajya Sabha MP, alleged that Chouhan, along with BJP state president V. D. Sharma and former minister Bhupendra Singh, orchestrated a “coordinated, malicious, false, and defamatory” campaign against him. The allegations revolved around claims that Tankha opposed OBC reservations in the 2021 Panchayat elections in Madhya Pradesh.
A Supreme Court bench, comprising Justices M. M. Sundresh and Rajesh Bindal, deferred the hearing of the case to March 26 while considering Chouhan’s appeal against the Madhya Pradesh High Court’s October 25 order refusing to quash the defamation case.
LEGAL BATTLE INTENSIFIES
Senior advocate Mahesh Jethmalani represented Chouhan in the proceedings, while veteran lawyer Kapil Sibal and advocate Sumeer Sodhi appeared on behalf of Tankha. The top court had previously stayed the execution of bailable warrants issued against the three BJP leaders, seeking a response from Tankha.
Jethmalani contended that the alleged defamatory remarks were made on the floor of the House and were thus protected under Article 194(2) of the Constitution, which provides immunity to state legislators for statements made within the legislature. He further argued that issuing a bailable warrant in a summons case was unprecedented, emphasizing that the accused could have been represented by their counsel.
However, Sibal countered that the BJP leaders should have appeared before the trial court, questioning what course of action the lower court could take if they continued to evade proceedings.
BACKGROUND OF THE CASE
The controversy dates back to December 2021, when the Supreme Court stayed the Panchayat elections in Madhya Pradesh. Tankha alleged that Chouhan and other BJP leaders falsely accused him of opposing OBC reservations in these elections, which allegedly tarnished his public image.
Tankha sought Rs. 10 crore in compensation and the initiation of criminal defamation proceedings under Section 500 of the IPC against the BJP leaders. The trial court in Jabalpur took cognizance of the case and summoned the accused on January 20, 2024.
The BJP leaders, however, refuted the charges, arguing that newspaper clippings provided as evidence could not substantiate defamation claims. They insisted that the allegations lacked any legal standing and that the trial court erred in admitting the complaint.
WHAT NEXT?
With the Supreme Court granting temporary relief to Chouhan, all eyes are now on the March 26 hearing, which could determine the next course of action in this high-profile legal battle. Political and legal analysts alike are keenly observing the case, as its outcome could set a significant precedent for defamation cases involving public figures.
