Court dismisses Chaturvedi's plea against summons in defamation case by Bagga [Read Order]

Chaturvedi lampooned appointment of Bagga as Delhi BJP spokesperson

NEW DELHI: A Delhi court has dismissed a revision petition filed by senior journalist Swati Chaturvedi against summons issued against her in a defamation case filed by Delhi BJP spokesperson Tajinder Pal Singh Bagga for her tweet.

Additional Sessions Judge Sudhir Kumar Sirohi found no illegality in the order by the Metropolitan Magistrate issued on May 17, 2018.

"By the said tweet, his reputation has lowered and injury has been caused to his reputation in eyes of large group of general public. When the said tweet was written by revisionist on public platform then it got published and even it was republished/re-tweeted nearly 1300 times," the court said.

The judge also noted that Bagga was appointed spokesperson of a national party and her "tweet regarding sexual harassment and his arrest has lowered the image of public figure and that too when he was representing a national party".

"When the said tweet was written by revisionist on public platform then it got published and even it was republished/re-tweeted nearly 1300 times," the court said.

When Bagga was appointed as Delhi BJP spokesperson, Chaturvedi tweeted that the BJP had done "good job" by appointing a man who beat up advocate Prashant Bhushan and got arrested in a separate sexual harrasment case.

In his complaint, Bagga contended that allegations made by her "are not well founded as the incident pertaining to Bhushan is sub judice and her was never accused of sexual harassment.

In her revision petition, Chaturvedi claimed that her tweet was true. She said Bagga was arrested in the case against Bhushan and even a charge sheet was filed against him. She also alleged that Bagga faced a sexual harassment case.

She also contended a certificate as per Section 65B under the Information Technology Act has not been filed in the case though electronic evidence has been produced. Her petition also claimed the Patiala House Court does not have territorial jurisdiction in the matter.

In his response, Bagga said he faced a case under the SC/ST (Prevention of Atrocities) Act and got never arrested in sexual harrasment case. He also contended nothing can be commented upon a case related to Bhushan before the conclusion of the trial and there was a presumption of innocence in his favour until proved guilty.

After hearing both the parties, the court said, a tweet was circulated on the Internet which originated from revisionist. As per summoning evidence of Bagga, the said tweet was republished/re-tweeted by more than 1300 twitter users.

"Therefore, the cause of action arose in this matter from where the said tweet was published, at every place where such the tweet was re-published/re-tweeted and also at all such places where the such tweet or re-tweet was seen. As per Section 179 CrPC the offence can be tried where the act is done or the consequences ensues," it said.

The court also said nothing has been placed on record Chaturvedi to show that Bagga was involved in any case of sexual harassment or was arrested ever in any case.

With regard to the non filing of Section 65B Certificate, the court said it is a curable defect and can be cured during the trial even the revisionist has not denied the tweet.

Advocate Kapil Kumar appeared for Chaturvedi, Ravindra Kumar, Additional Public Prosecutor for the State and advocates Alakh Alok Srivastava and Chandan Kumar  Singh for Bagga.

[Read Order]