Case Name: Manoj Tiwari vs. Manish Sisodia and Others [Petitions for Special Leave to Appeal (crl.) No. 351 of 2021]
The Supreme Court’s bench headed by Chief Justice of India, passed the interim order on 27 Jan 2021. According to the order, the court stayed the proceedings in a case of criminal defamation going on in the trial court. This case for defamation was filed against BJP MP Manoj Tiwari by Deputy Chief Minister of Delhi. Mr. Manish Sisodia.
Facts of the Case:
The defamation case was filed by Manish Sisodia against BJP MP Manoj Tiiwari. The grounds for it is for making defamatory statements about his involvement in the corruption for making classrooms in government schools of Delhi.
Also, in the year 2019 a RTI was filed by Harish Khurrana, seeking details of the expenditure of Delhi Government done in building classrooms of government school of Delhi. Manoj Tiwari then organised a press conference. In this conference, he referred to the reply of the RTI and questioned the expenditure made from the public exchequer. He also asked the same by tweeting to Aam Aadmi Party (AAP).
After this, Manish Sisodia filed a case for criminal defamation against Manoj Tiwari, Hans Raj Hans, Pravesh Verma, Vijendra Gupta and others. This was filed for making false allegation of involving in the corruption.
After the issuance of summons, BJP leader moved to Delhi High Court. Here they challenged the summons passed against them by the Trial Court’s order. This plea was dismissed by HC on 17 Dec 2020. In consequence of this, a Special Leave Petition is filed to Supreme Court.
Arguments Advanced in the Court:
- The petitioners contended that Manish Sisodia cannot file a case for defamation without going through the provisions of Section 199(2) of Code of Criminal Procedure. According to this section, a minister or any other authority mentioned under Section 199(2) is protected. It is there so that ministers do not get defamed.
- Petitioners submitted that the defamatory statement in question comes under Section 199(2). Because the statement is on the conduct of Manish Sisodia as minister.
- The Petitionners also stated that the magistrate had taken it in consideration without jurisdiction. Although, the allegations against Manoj Tiwari does not come under Section 499 of Indian Penal Code.
- The petitioners claimed that since, various High Courts have given various decisions, it should finally be decided by Supreme Court.
- The petitioners also claimed that the statement was not made against Sisodia in personal capacity.
Observation of the Court:
The Supreme Court of India took into consideration various points before passing the order of stay of proceedings. Firstly, it took into consideration the issue of interpretation of Section 199 of Criminal Procedure Code. Next, it took into consideration whether the statement made, as a watchdog, comes under Section 499 of IPC.
Decision of the Court:
The supreme Court of India passed the interim order of stay of proceedings in all the courts, while issuing the notice on Special Leave Petition. The stay was granted by the court in the words:
“There shall be an interim stay of the operation of the Summoning Order dated 28.11.2019 passed by ACMM-I, Rouse Avenue Court Complex, New Delhi and all orders and proceedings emanating from the Complaint Case No. 51/2019 titled as ‘Manish Sisodia v. Manoj Tiwari & Ors.’.”
Click here to view the judgment.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgment from courts. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.
