NEW DELHI: The Delhi High Court on Tuesday issued summons to Shiv Sena (UBT) Uddhav Thackeray, his MLA son Aaditya Thackeray and MP Sanjay Raut on a defamation suit filed by Eknath Shinde faction leader Rahul Shewale.
Shewale, floor leader of Shiv Sena, filed the plea against the Thackerays and Raut for their statements that the Eknath Shinde faction bought the Shiv Sena symbol for Rs 2000 crore.
A bench of Justice Prateek Jalan, which also sought a response from the three on an injunction application, refused to issue any order to gag them for now, saying no injunction against free speech in a political fight can be issued on the first date of hearing.
The court said it would have to examine their responses first.
The bench fixed the matter for consideration on April 17.
Senior advocate Rajiv Nayar, appearing for the plaintiff, contended the court should pass the order to injunct the Thackerays and Raut from making any further defamatory allegations.
"We are working in a political field. Certainly, defamatory speech should not be made. I am only saying that to even come to that conclusion, I would like to examine their response, the bench said, clarifying that it would not pass an ex parte order in the matter.
Nayar said the defendants continued to make statements despite service of notice.
The allegations are without any basis and should shock the conscience of the court, he contended.
"In the free market place of ideas, people can say a lot of things.The question is not whether it shocks my conscience not. The question is, in a free market place of ideas, are people entitled to say things which shock my conscience. Ultimately they will have to stand on their own legs," the judge said.
The counsel also pointed out that the charges involved the Election Commission of India.
The bench, on this, said the EC's shoulders are broad enough to deal with it.
Maintaining that the court was not condoning the language or allegations, the judge said, "I don't want to pass a gag order on day one. I will issue notice, let them come with a response".
After this, Nayar preferred not to press for injunction application.
It is to be noted that the Supreme Court had on February 22 rejected a plea by Thackeray group to stay the EC's February 17 order recognising Eknath Shinde's group as real Shiv Sena with bow and arrow symbol.
