HC stays trial court proceedings against BJP MP Manoj Tiwari in defamation case filed by Manish Sisodia

The high court also issued notice to the jailed AAP leader and sought his response to Tiwari’s petition challenging the trial court’s November 28, 2019 order summoning him and others as accused in the case.

Sisodia had filed a defamation complaint against six people for allegedly levelling corruption charges against him.

Earlier, the high court had stayed trial court proceedings against BJP MPs Hans Raj Hans and Parvesh Sahib Singh Verma, former MLA Manjinder Singh Sirsa and party spokesperson and media relations incharge Harish Khurana in the case.

It had also issued notice to Sisodia asking him to file response to the pleas challenging the trial court’s November 28, 2019 order summoning them as accused in the case.

During the day’s hearing, advocate Bansuri Swaraj, representing Tiwari, said while deciding his SLP the Supreme Court had only dealt with the question of grant of sanction under CrPC and this fresh petition before the high court was maintainable as there was change in circumstances.

The counsel submitted that out of the six accused persons, the high court has already stayed trial court proceedings against four, while proceedings against the fifth accused – BJP leader Vijender Gupta were quashed by the apex court. Only the present petitioner (Tiwari) is left and no purpose would be served by continuing proceedings against him. The plea was opposed by Sisodia’s advocate Rishikesh Kumar on the ground that there was no change in circumstances. The lawyer termed Tiwari’s petition “complete abuse of process of law”.

Sisodia had filed the complaint against Members of Parliament Manoj Tiwari, Hans Raj Hans and Pravesh Verma, Manjinder Singh Sirsa, Vijender Gupta and BJP spokesperson Harish Khurana for levelling false allegations of corruption against him with regard to “inflated” cost of construction of classrooms in Delhi government schools. Sisodia was then holding the education portfolio in the Delhi government.

The accused were granted bail after they appeared before the trial court.

The senior AAP leader had filed the complaint under section 200 of the CrPC for commission of offences under sections 499 and 500 read with Sections 34 and 35 of the IPC for making false and defamatory statements in print, electronic and social media.

Sisodia had rejected the allegations made by the BJP leaders, jointly and individually, as “false, defamatory and derogatory”. He claimed the accusations were made with an intention to harm and damage his reputation and goodwill.

The offence of defamation entails a maximum punishment of two years.