Why to continue defamation prosecution when Tejashwi Yadav withdrew statement: SC

NEW DELHI: The Supreme Court on Monday indicated to close prosecution of Bihar Deputy Chief Minister Tejashwi Yadav for defamation in light of the fact that he has withdrawn his controversial remarks "only Gujaratis can be thugs”.

A bench of Justices Abhay S Oka and Ujjal Bhuyan asked why the prosecution of Bihar Deputy Chief Minister Tejashwi Yadav for defamation should continue.

The court deferred hearing on Yadav’s petition seeking transfer of the criminal defamation complaint pending against him in an Ahmedabad court to a place outside the state, preferably Delhi, on January 29.

The bench asked the complainant “Why should the prosecution continue when he has withdrawn the statement?”

The complainant sought time to respond to the court's query.

“You seek instructions otherwise we will exercise powers under Article 142 of the Constitution,” the bench said.

In its order, the bench said the counsel for the respondent seeks time to seek instructions on statement filed by the petitioner and fixed the matter for further hearing on January 29.

The complaint against Yadav was filed under sections 499 and 500 of the Indian Penal Code (IPC) for alleged criminal defamation.

The court had earlier stayed the proceedings in the criminal defamation complaint.

The bench had issued notice to the Gujarat resident, Haresh Mehta, a local businessman and activist, who has filed it.

In August last year, a Gujarat court had conducted a preliminary enquiry against Yadav under section 202 of the Code of Criminal Procedure and found sufficient grounds to summon him on the complaint filed by Mehta.

Mehta claimed that Yadav, while talking to the media in Patna in March last year, had said, “Only Gujaratis can be thugs in the present situation, and their fraud will be forgiven.”

“Who will be responsible if they run away with the money belonging to the LIC or banks," Yadav reportedly had asked.