The Delhi High Court on Tuesday sought a response from Delhi Chief Minister and Aam Aadmi Party (AAP) leader Atishi regarding a defamation complaint filed by BJP leader Praveen Shankar Kapoor, which challenged a special court’s order concerning charges of horse trading.
Justice Vikas Mahajan of the single-judge bench issued a notice to Atishi and scheduled the matter for further hearing on April 30.
On January 29, Special Judge Vishal Gogne of Rouse Avenue Court had quashed the summons issued by an Additional Chief Metropolitan Magistrate (ACMM) in May of the previous year, which was related to a defamation complaint filed by a BJP leader.
The complaint accused AAP leaders, including Atishi, of defamation over statements suggesting that the BJP was attempting to bribe AAP MLAs to switch sides.
Judge Gogne observed that the order passed by the ACMM contained errors and that a court should not interfere in such matters that could tilt the balance of power in favor of larger political parties or against freedom of speech. He advised the BJP to accept alternative political narratives and not use defamation claims as a tool to suppress smaller voices.
The court noted that the evidence provided in the complaint was insufficient to summon Atishi as an accused. It recognized Atishi’s allegations as a disclosure of potential criminal activity and emphasized that she could not be accused of defamation for exercising her right to free speech. The judge noted that her statements fell within the realm of political criticism, which should be addressed in the political arena, not through defamation lawsuits.
The court also criticized the complaint, suggesting it was an attempt to obstruct a criminal investigation into alleged horse trading and to suppress free speech. It stated that political questions should be resolved through elections, not legal battles over defamation. The case will continue with the scheduled hearing in April.