HC seeks woman journalist’s reply on Somnath Bharti’s plea to quash defamation complaint

The Delhi High Court has sought response of a woman journalist on a plea by AAP MLA Somnath Bharti seeking quashing of a criminal defamation case filed against him by her in 2018.

Justice Rajnish Bhatnagar issued notice to the prosecution and journalist Ranjhana Dwivedi on Bharti's petition and asked them to file their replies within two weeks.

On the AAP leader's interim prayer to stay the proceedings of the complaint case pending before the trial court, the high court recorded the statement of the counsel for the journalist that he would not press for cross-examination of the complainant woman till the disposal of this petition.

The high court listed the matter for further hearing on February 23.

Bharti has challenged a trial court's July 24, 2019 order framing charges against him in the defamation complained filed by the journalist in connection with a TV debate that took place in November 2018. Both of them had heated exchange of words during the programme.

The plea said the trial court failed to appreciate the real state of affairs and the settled law.

Advocate Vijay Aggarwal, representing Bharti, submitted that the woman has already lodged an FIR against the leader in Noida and, hence, her complaint cannot continue as a defamation case, as for same cause of action two proceedings, one by way of FIR and another by way of the complaint case cannot continue.

He urged that the trial cannot continue as it will take time in the high court in disposal of the plea and by that time the trial would be finished in view of the orders of the Supreme Court that the cases against sitting MP/MLAs are required to be concluded within one year.

A trial court had summoned Bharti as accused in the defamation complaint in March 2019 for allegedly hurling abuses at Ranjhana Dwivedi and calling her with objectionable names during a live television debate show.

The offence of defamation entails a maximum of two years in jail.

Dwivedi, in her complaint, has alleged that during a TV show held on November 20, 2018 she had asked certain questions of public interest and in response to them, Bharti had replied in a very ''defamatory'', ''arrogant'' and ''contemptuous'' manner using ''abusive'' language.

She has further alleged that he had called her an ''agent of BJP'' and made an objectionable statement against her.

The AAP leader had joined the TV show over phone to discuss an attack on Delhi Chief Minister Arvind Kejriwal.

The scribe had lodged FIR on November 21, 2018.

The legislator had later apologised to her in his tweet, saying that his words were not targeted towards her.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)