
The Rouse Avenue court on Saturday reserved an order on cognisance of a defamation complaint of former Delhi Minister Satyender Jain filed against Bharatiya Janata Party (BJP) MLA Karnail Singh. Jain had alleged that Singh made a defamatory statement during an interview on a news channel on January 19, 2025.
Additional Chief Judicial Magistrate (ACJM) reserved order on the cognisance of the defamation complaint after hearing submissions of the lawyer on the point of exceptions in regard to the defamation complaint. The court will pronounce the order on May 29.
The court had earlier taken cognisance of the complaint, which was challenged by the BJP MLA Singh before the sessions court. After hearing the revision, the sessions court on April 30 set aside the order of cognisance.
Special Judge Jitendra Singh had set aside the cognisance order and remanded the matter to the court of the Magistrate for passing an order taking into consideration the exception raised by the counsel for Karnail Singh. The court said that the view taken by the Trial Court that the applicability of statutory exceptions can be examined only at the stage of trial is not in accordance with the law.
The issue raised by the revisionist goes to the root of the matter and directly affects the legality of the order issuing process. "The Trial Court was required to undertake a limited examination of the alleged statements, the material on record, and the exceptions pleaded, to determine whether sufficient grounds exist to proceed," Special Judge Jitendra Singh had said.
"This Court has consciously refrained from examining the other grounds on merits. The impugned order is deficient inasmuch as no finding has been returned on the exceptions specifically raised by the revisionist. It is for the Learned Trial Court to consider, at the threshold, whether the material on record, read in the light of the exceptions invoked, disclosed sufficient grounds to proceed," the sessions court had said in the order.
On January 6, the court had taken the cognizance of the Complaint and issued a summons to Karnail Singh. He had challenged the order before the Sessions Court. Advocate Vinod Dahiya, counsel for Karnail Singh, stated that allegations levelled against the complainant were based on the press release of the Enforcement Directorate (ED) and media reports. It was further submitted that it was the duty of Karnail Singh, being a candidate in the assembly election, to make the public aware of the opponent, who was also a former Minister.
Advocate Rajat Bhardwaj appeared for Satyender Jain. The former Delhi Minister Satyendra Jain moved a defamation complaint against Karnail Singh, then Delhi election candidate of the BJP from Shakoor Basti. It is alleged that the proposed accused made a defamatory statement during an interview on a news channel on January 19, 2025.
It was alleged by complainant Jain that Karnail Singh made a statement that the Enforcement Directorate (ED) recovered 37 Kg of gold from his house, and he has 1,100 Acres of land in his name.
The defamation complaint was moved through advocate Rajat Bhardwaj. The plea has stated that the proposed accused made a statement that Jain has made his own wealth by corruption, and the money was supposed to be spent on the public.
It was further alleged that the proposed accused made a false statement that huge amounts of gold were recovered from his house. He is Bhoo Mafia; he will go to jail again. It was also alleged that the proposed accused defamed the complainant by calling him corrupt and a fraud. It is also alleged that several other malicious and defamatory allegations were levelled against the complainant. (ANI)
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