The Delhi High Court in the case observed and has stayed the proceedings of trail court in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.
The bench headed by Justice Rajnish Bhatnagar in the case observed and has issued a notice in a petition moved by the journalist challenging the summons issued by the trial court against her in the matter.
In the present case, a case has been filed by Bagga against the journalist wherein seeking action of criminal defamation after she posted a tweet in 2017 with regards to his appointment as spokesperson of the political party.
It ahs also been tweeted by Chaturvedi, ‘Now the man who beat up @pbhushan1 was arrested in a sexual harassment case speaks for @BJP4India. Good job.’
Last Year, in December the magistrate court in 2018 summoned Chaturvedi to appear before it. Later, the order challenged by the journalist’s was dismissed.
The said journalist moved the High Court wherein the order passed was being challenged of the magistrate court and sessions court.
The counsel, Advocate Adit Pujari appearing for Chaturvedi submitted before the court that no second witness was being examined before the trial court as per explanation 2 of section 499 of Indian Penal Code, 1860 who can say that the image of Bagga’s has been lowered because of the tweet.
Further, it has also been submitted that the Bagga himself stated that he had beaten up Bhushan in 2011 and that the victim of the sexual harassment case herself had tweeted against Bagga.
It has been submitted by the counsel appearing for the State that the petition is nothing but a second petition which is filed under the garb of a petition under section 482 of Code of Criminal Procedure. It has also being submitted before the court that the concurrent findings of two courts against the journalist.
Before the court, the counsel appearing for the Bagga submitted before the court that the question being of whether his image was lowered in the eyes of public is a question of fact which can be decided by evidence.
Further, it has been submitted that the matter with regards to beating up of Bhushan is sub judice before the Patiala House Court and that no evidence has been adduced to even prima facie indicate that such a claim was made by him.
The court observed that Bagga has never been arrested in any case of sexual harassment and that the journalist’s plea lacks merit.
Accordingly, the court issued the said notice and the response is to be filed within two weeks.
The counsel, Advocate Adit Pujari and Advocate Akshat Gupta represented