Delhi's Rouse Avenue court set aside the cognisance order in a defamation case by Satyender Jain against BJP MLA Karnail Singh. The matter was remanded to the Magistrate's court to reconsider exceptions raised by Singh's counsel.
The Rouse Avenue court on Thursday set aside the order of cognisance of the Defamation complaint against BJP MLA Karnail Singh.
A defamation complaint was filed by former Delhi Minister Satyender Jain against BJP MLA Karnail Singh.
Court's Rationale for Setting Aside Order
Special Judge Jitendra Singh set aside the cognisance order and remanded back 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 said.
Special judge said, "Accordingly, the impugned order is set aside. The matter is remanded to the Learned Trial Court to consider the applicability of the exceptions to the alleged statements, in the light of the observations made herein, and to pass a fresh order in accordance with law."
"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 court said in the order.
Background of the Defamation Complaint
On January 6, 2026, the court had taken the cognizance of the Complaint and issued summons to Karnail Singh. He had challenged the order before the Sessions Court.
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), after taking cognizance had issued summons to BJP MLA Karnail Singh.
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 1100 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 that 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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