Telangana BJP moves SC against order quashing defamation case against CM

New Delhi, Sep 5 (PTI) The Telangana unit of the BJP has moved the Supreme Court challenging an order of the high court which quashed a defamation case against Chief Minister A Revanth Reddy over his speech during the 2024 Lok Sabha poll campaign.

The plea is slated to come up for hearing on September 8 before a bench of Chief Justice B R Gavai and Justices K Vinod Chandran and Atul S Chandurkar.

The Telangana High Court on August 1 acted on Reddy's plea who sought quashing of proceedings in the case pending in a Hyderabad trial court.

The BJP's Telangana unit, represented by its general secretary, filed a complaint in May 2024 against Reddy alleging he delivered a defamatory and provocative speech against the party on May 4 last year.

Reddy, it alleged, connived with the Telangana Congress Party to develop a fake and dubious political narrative that the BJP would end reservations if voted to power.

The complainant claimed the alleged defamatory speech lowered BJP's reputation as a political party.

A trial court in August last year said a prima facie case was made against Reddy for the alleged offences of defamation under the erstwhile IPC and under Section 125 of the Representation of the People Act, 1951.

Section 125 of the Act deals with promoting enmity between classes in connection with election.

Challenging the trial court's order, Reddy moved the high court contending the allegations in the complaint do not make a prima facie case against him.

Reddy argued before the high court that political speeches cannot be made a subject matter of defamation.

The high court subsequently noted, "Even if this court were to accept that the complainant is a part of the national unit of the Bharatiya Janata Party and may be treated as a member of the Bharatiya Janata Party, the complaint is not maintainable for the lack of authorisation".

It said neither the complainant nor its representative were authorised by the national unit of the BJP to file the complaint.

The high court agreed with Reddy's contention that in case of political speeches, the threshold to allege defamation and maintain a complaint under Section 199 of the CrPC should be much higher.

"Political speeches are often exaggerated. To allege that such speeches are defamatory is another exaggeration," the high court said.

While allowing Reddy's plea, the high court quashed the trial court's order and the proceedings arising out of the case. PTI ABA ABA AMK AMK