Delhi High Court Issues Notice to CM Atishi in Defamation Case Filed by BJP Leader
The Delhi High Court has issued a notice to CM Atishi on a BJP leader's plea challenging the rejection of a defamation case over allegations of poaching AAP MLAs.
New Delhi: The Delhi High Court on Tuesday issued a notice to Delhi Chief Minister Atishi in response to a plea filed by BJP leader Praveen Shankar Kapoor, challenging the rejection of his defamation case against her.
The case stems from Atishi’s allegations that the Bharatiya Janata Party (BJP) attempted to poach Aam Aadmi Party (AAP) MLAs with offers of Rs 20-25 crore to switch sides.
Justice Vikas Mahajan, presiding over the case, directed a notice to be sent to Atishi, seeking her response to the petition. The matter will be heard next in April 2025.
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Background of the Case
The controversy began when Atishi, in a press conference on January 27, 2024, and later on April 2, 2024, accused the BJP of approaching AAP MLAs with monetary inducements to defect.
BJP leader and former Delhi BJP media head and spokesperson Praveen Shankar Kapoor subsequently filed a defamation complaint against Atishi, claiming her allegations were baseless and defamatory.
A magisterial court initially took cognizance of the complaint and issued summons to Atishi, directing her to stand trial. However, Atishi challenged the order by filing a revision petition before a special judge.
Lower Court’s Ruling and BJP’s Objection
On January 28, 2025, Special Judge Vishal Gogne ruled in Atishi’s favor, stating that her allegations were an exercise of the right to freedom of speech and were made in the context of political corruption rather than defamation.
The judge observed that Atishi was acting as a whistleblower and that the pre-summoning evidence did not provide sufficient grounds to summon her as an accused in the case.
Kapoor’s legal counsel argued that the revisional court overstepped its jurisdiction by quashing the summons against Atishi and effectively justifying her conduct. The counsel further sought a stay on the observations made by the lower court.
Case Against Arvind Kejriwal and Legal Developments
The original complaint had also named former Delhi Chief Minister and AAP National Convenor Arvind Kejriwal as an accused. However, the magisterial court, in its order dated May 28, 2024, found no sufficient grounds to proceed against him, limiting the trial to Atishi alone.
With the Delhi High Court now issuing a notice, the legal battle continues, and Atishi’s response will be crucial in determining the next course of action. The case is expected to remain a focal point in Delhi’s political landscape as the capital gears up for upcoming elections.
Political Reactions and Implications
The defamation case has added to the ongoing political tensions between the BJP and AAP in Delhi. Atishi and her party have repeatedly accused the BJP of using legal avenues to suppress opposition voices, while the BJP maintains that baseless allegations against the party must be legally challenged.
As the matter awaits further hearing in April, political observers and legal experts anticipate intense courtroom arguments that could have wider ramifications on political discourse and freedom of speech in India’s electoral landscape.
Stay tuned for further updates on this developing story.