The Supreme Court on Monday granted relief to Union Minister Shivraj Singh Chauhan in a criminal defamation case by permitting him to appear before the trial court through a lawyer. This was after the trial court in Jabalpur, Madhya Pradesh issued bailable warrants for his presence.
Background of the defamation case
The defamation case relates to the comments from Chauhan in 2021 regarding OBC quotas with respect to Panchayat elections conducted in Madhya Pradesh. Senior advocate, Congress MP Vivek K Tankha, who was representing one of the petitioners challenging the OBC seat rotation policy of the state government, alleged defamatory remarks against him on the part of Chauhan. According to Tankha, the remarks were directed at making him anti-OBC and the grave legal issue before the court at the relevant time was rotation of OBC seats.
Judgment by the Court and Legal Immunity
A bench of Justices Hrishikesh Roy and SVN Bhatti issued a notice on Chauhan’s petition. The Court noted, “In the meantime, subject to the petitioners‘ effective participation with counsel as may be needed, before the concerned court, they need not be subjected to bailable warrants.”
Mahesh Jethmalani and Maninder Singh, senior advocates, arguing for the respondents advanced an argument for the quashing of defamation suit in the light of legislative immunity attachied to the statements made inside the parliament. Members of legislature are immune from court procedure for anything said or any vote cast in the legislature, Article 194(2), Constitution .
Tankha Defamation Allegations
The case was represented by senior counsel Kapil Sibal for Tankha, who argued that the defamation case must proceed regardless of the status of Chauhan as immunity could hardly extend to statements outside of the legislative realm. However, Sibal conceded that Chauhan could appear through counsel, which would allow the case to continue.
Further Course of Action and Case Progression
The Court placed the matter up for further consideration four weeks from now so that it may peruse the legal arguments that were presented in this case, including Chauhan’s plea to quash the defamation complaint. Meanwhile, the trial is scheduled to continue on November 18.
Background about the Defamation Case
The defamation case is part of a more comprehensive legal row with the 2021 Panchayat polls in Madhya Pradesh. In November 2021, the state government came up with an ordinance that was challenged by a petitioner named Manmohan Nagar to the apex court. The challenge was against the failure of the state to implement its commitment under Article 243-C and 243-D of the Constitution read with the MP Panchayat Raj Act to follow seat rotation and delimitation rules.
Tankha, for Nagar, submits that the ordinance is violative of these constitutional provisions and vitiated the statute law governing Panchayat elections. Tankha submits that Chauhan’s statements were a diabolically designed defamation campaign against his reputation and mis-construction of judicial proceedings in the media.
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