Finding "prima facie" evidence against senior Congress leader Digvijay Singh, a Delhi court today issued summons to him in a criminal defamation case lodged against him by BJP President Nitin Gadkari.
"In view of the testimony of all the three witnesses including the complainant (Gadkari) and other evidence produced on record as discussed herein above, the impugned statements of the accused apparently have the effect of harming the reputation of complainant and lowering the esteem of the complainant in the eyes of others.
"Prima facie, I am satisfied that there is sufficient material on record to proceed against the accused for the offence under section 499/500 IPC," Metropolitan Magistrate Sudesh Kumar said.
The court directed Singh to appear before it on December 21 to face trial for the offence punishable under section 499 (defamation) and 500 (punishment for defamation) of the IPC.
The order came on a defamation case filed by Gadkari against the Congress general secretary who had allegedly accused him of having business links with his party MP Ajay Sancheti.
It was also alleged in the complaint that Singh accused Gadkari of pocketing huge sum to the tune of Rs 490 crore in the coal block allocation to Sancheti.
Gadkari, in his statement recorded in the court, had denied having any business ties with Sancheti and had said Singh levelled "totally false and defamatory" allegations against him to "give the impression that I have been responsible for allocation of the coal mines" to Sancheti.
The BJP leader, in his petition filed through advocate Ajay Digpaul, had sought Singh's prosecution under sections 499 and 500 of the IPC.
The court, in its nine-page order, said Singh will have the opportunity to put his defence during the trial.
"Needless to say that the accused has the opportunity to put up his defence in the form of exceptions under section 499 IPC or others during the trial.
"The accused hence be summoned to face trial for the offence under section 499/500 IPC on filing of PF through speed post and approved courier for December 21, 2012," it said.
In his petition, Gadkari had alleged that Singh had levelled defamatory allegations against him to lower his dignity in the public at large and it was made with wrongful intent to malign and tarnish his image.
He said Singh had deliberately projected him as a business partner of Sancheti with whom he has neither any links nor did he receive any benefit by any allocation.
In his complaint, Gadkari has said the Congress-led UPA government is facing a lot of heat on account of its irregularities as brought out by the Comptroller and Auditor General of India (CAG) in coal blocks allocation and accused Singh of making baseless allegations against him to divert attention from the issue.
The court on October 16 had reserved its order on Gadkari's complaint after recording statements of two witnesses - Gadkari himself and BJP National Secretary Bhupinder Yadav, also a Rajya Sabha MP.
In his statement to the court, Yadav had said on September 3, he read news articles in various newspapers about the alleged business relations between Gadkari and Sancheti and it was "totally false" that Gadkari had earned Rs 490 crore from coal allocation through Sancheti.
Yadav had also said the news was "defamatory" and it had lowered Gadkari's image in the eyes of the public.
The court had also recorded the statement of an authorised representative of a national English daily in which the alleged defamatory statement of Singh was published.
Emerging story. Watch this space for updates as more details come in
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