Delhi court takes cognisance of AAP's Satyendar Jain defamation complaint against BJP MLA

New Delhi, Jan 6 (PTI) A Delhi court on Tuesday took cognisance of a criminal complaint by AAP leader Satyendar Jain, accusing BJP MLA Karnail Singh of defamation.

Additional Chief Judicial Magistrate Paras Dalal said there were "sufficient grounds to proceed" in the case and directed "issuance of process" (notice) to Singh.

Jain accused Singh of damaging his reputation during a television interview on January 19 last year.

According to the complaint, Singh made a defamatory statement in a TV interview. Singh, it was alleged, claimed that ED had recovered 37 kilograms of gold from Jain's home, and the AAP leader had 1,100 acres of land in his name, bought with wealth amassed from corruption and money laundering.

In its 19-page order, the court said criminal defamation requires three ingredients — imputation, publication, and mental element to cause harm.

"As long as the proposed accused (Singh) admits that he gave the interview to a media person, which was heard by others and even published on a national news channel to be seen by the public, there are clearly statements and publications. The mental element to cause harm shall be subject matter of trial," the court said.

It said that at the stage of taking cognisance and issue of notice to the accused, it could not decide upon the mental element as it was a matter of trial.

"This court thus takes cognisance of the offence," it said.

The court rejected Singh's defence that he had cautioned the media to verify each statement before publishing.

"Any person cannot just make a statement against the character or conduct of any person and put the task upon the media to verify the same. If such can be a defence, then defamation would only exist in penal statute … This is even more crucial when public figures are involved," the court said.

The court also dismissed Singh's defence of the fundamental right of free speech, saying that his remarks were either "concocted" or "deliberately exaggerated" as he was contesting against Jain from the same constituency.

It said that Singh's assertions were not backed by any ED statement, press release or information in the public domain, and it appeared that he "made a statement with his own facts and figures." "There are sufficient grounds to proceed. This court therefore directs the issue of process against the accused Karnail Singh," the judge said.

Noting that the offence was bailable, the judge granted Singh bail on furnishing a bail bond and surety bond of Rs 25,000 each.

"Matter be fixed for furnishing of bail/arguments on the point of putting notice of accusation on the accused on January 19," the court said. PTI MNR VN VN