Delhi HC notice to Atishi on BJP leader’s appeal to summon her in defamation case

NEW DELHI: The Delhi high court on Tuesday asked chief minister Atishi to respond to an appeal by Bharatiya Janata Party (BJP) leader Praveen Shankar Kapoor challenging a city court’s order quashing the summons issued to her in a defamation case filed by him.

The case, filed in April 2024, stems from Atishi’s statement made at least twice last year accusing the BJP of offering bribes to Aam Aadmi Party (AAP) legislators to switch sides.

A bench of justice Vikas Mahajan on Tuesday issued notice on Kapoor’s appeal and fixed April 30 as the next date of hearing. “In view of the above, issue notice to the respondents through all permissible modes. Renotify on April 30,” the court said in the order.

The court however refused to immediately stay the observations of the city court in its January 28 order, observing that the statements attributed to Atishi were within her right as a “whistleblower” and could not be treated as defaming BJP.

In his 71-page verdict, special judge Vishal Gogne said the ruling party at the Centre and its leaders should demonstrate “broad shoulders” to accept alternative political narratives, and stressed that courts could not become instruments of political strategy by entertaining complaints that aim to suppress legitimate political discourse.

Senior advocate Ajay Burman, advocates Satya Ranjan Swain and Shoumendu Mukherji,who appeared for the BJP leader, wanted the high court to stay the city court’s observations, arguing that the judge ventured into political adventurism akin to a political disclosure by attempting to determine who is the bigger political entity.

At Tuesday’s hearing, Burman argued that the special judge exceeded his jurisdiction by substituting his own view, in place of a “well reasoned” order passed by the magisterial court while summoning the chief minister and exceeded his jurisdiction.

Burman said the special judge failed to appreciate the fact that Atishi did not deliberately disclose the identity of the person who approached her and failed to provide any document to substantiate her claim at the Press conference. The senior lawyer saw the special judge casually dealt with the allegations of bribery against the ruling party at the Centre and ignored the gravity of the false statements.