NEW DELHI: The Supreme Court on Monday stayed the execution of bailable warrant against Union Agriculture Minister Shivraj Singh Chouhan and two other BJP leaders, provided they participated effectively in a defamation case filed by Congress Rajya Sabha MP Vivek Tankha.
A bench of Justices Hrishikesh Roy and S V N Bhatti sought a response from Tankha, also a senior advocate on a plea of Chouhan and others.
Supreme Court Halts Bailable Warrant Against Union Minister Shivraj Singh Chouhan in Defamation Case
Former MP Chief Minister Chouhan and others challenged the Madhya Pradesh High Court's October 25 order, which refused to quash the defamation case filed with regard to statements made on OBC reservation in local bodies.
"The execution of bailable warrants against the petitioners shall not be executed subject to their effective participation in the proceedings before the court in the case," the bench said.
Effective Participation Required: SC Grants Relief to Chouhan and BJP Leaders in Defamation Suit
Senior advocate Mahesh Jethmalani, appearing for Chouhan and others, said the purported statements mentioned in the complaint by Tankha were made on the floor of the house and were covered by Article 194 (2) of the Constitution.
Article 194 (2) states, "No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings."
The alleged defamatory statements respectively were made on December 22 2021 and December 25, 2021, in the backdrop of the Madhya Pradesh local bodies elections.
Jethmalani submitted it was unheard of that in a summons case, a bailable warrant was issued by the court, when the parties could appear through their counsel.
Senior advocates Kapil Sibal and Shyam Divan appeared for the respondent.
On October 25, the High Court had refused to quash the defamation case lodged by Tankha against Chouhan, BJP state president V D Sharma and former minister Bhupendra Singh.
On January 20, 2024, a special court in Jabalpur registered the defamation case against the three BJP leaders under IPC Section 500, summoning them in court.
The petitioners submitted that a bare perusal of the alleged defamatory material filed by the complainant, even if taken on their face value, does not prima facie, make out any offence much less offence under Section 499 of Indian Panel Code as alleged by the respondent.
