Court dismisses Satyender Jain’s appeal in defamation case against Bansuri Swaraj

New Delhi, Jul 31 (PTI) A Delhi court on Thursday dismissed an appeal by AAP leader Satyendar Kumar Jain challenging a trial court order refusing to take cognisance of his complaint seeking prosecution against BJP MP Bansuri Swaraj for alleged defamation.

The court, which agreed with the magisterial court's order of insufficient grounds to proceed in the case, made a terse observation that it was incumbent upon the Enforcement Directorate (ED) to disseminate accurate information, as presenting misleading facts would not only undermine the agency's integrity but could also amount to an abuse of power.

The trial court had, on February 20, dismissed the criminal defamation complaint filed by Jain. Criminal defamation carries a maximum punishment of a two-year jail term.

Jain had alleged that Swaraj made defamatory remarks against him during an interview on a TV channel on October 5, 2023.

Swaraj, he alleged, falsely claimed that Rs 3 crore was recovered from his house, besides 1.8 kg gold and 133 gold coins.

Special Judge Jitendra Singh said that taking cognisance involved evaluating whether the complaint disclosed a prima facie case warranting legal action.

The judge noted that Swaraj had filed a reply stating that the interview did not disclose any new allegation but merely reiterated ED's tweet of June 6, 2022, according to which, gold coins and cash were recovered from premises allegedly linked to Jain.

He said, "Upon consideration of the material on record, it is evident that the statement attributed to the proposed accused (Swaraj) is a verbatim reiteration of a tweet published by the ED through its official social media handle." The court said that Swaraj did not fabricate facts, nor did she disseminate any misleading information, but her statement merely reproduced what was officially communicated by the agency.

It said, "There is no compulsion stated or brought on record that the proposed accused had any independent means or obligation to verify the veracity of the said content, particularly as the tweet pertains to investigative findings arising from a search conducted by the ED." The court said that in the absence of any material suggesting malicious intent, it could not be prima facie inferred that Swaraj had the intention to defame or malign Jain.

Regarding the agency's social media post, the court said, "It is incumbent upon an investigative agency such as the ED to act impartially and uphold the principles of fairness and due process. Any dissemination of information, including but not limited to official social media platforms, must be accurate, non-misleading, and free from sensationalism." It said that the presentation of facts in a manner that was misleading, scandalous, or intended to defame or politically prejudice an individual would not only undermine the agency's integrity but could also amount to an abuse of power and violation of an individual's fundamental rights, including the right to reputation under Article 21 of the Constitution.

Dismissing the revision petition, Judge Singh said he was in complete concurrence with the conclusion of the trial court that there were insufficient grounds to take cognisance. PTI MNR ZMN