NEW DELHI: A Delhi court has quashed summons issued against AAP leader and Delhi Chief Minister Atishi in a defamation case filed by BJP leader Praveen Shankar Kapoor.
The court, in its order, stated that the allegations against Atishi stemmed from political discourse, where a higher threshold for defamation applies due to the involvement of free speech.
Special Judge Vishal Gogne of Rouse Avenue Court set aside the earlier order passed by the Additional Chief Judicial Magistrate, stating, “The summoning order suffers from material errors and infirmities. In cases of political defamation, the threshold is high, as it involves fundamental rights like freedom of speech.”
Kapoor’s complaint alleged that Atishi defamed the BJP during an April 2024 press conference, where she claimed she was approached by the party to join them or face arrest by the Enforcement Directorate. Kapoor argued that her statements were malicious and intended to harm the BJP’s reputation, including its members.
However, the court noted that political defamation cases require substantial evidence and emphasised that allegations of corruption or political misconduct fall within the purview of public discourse.
“Political allegations are common in a democracy, and such statements cannot be labeled defamatory without credible proof. The complainant, being a party representative, cannot be considered an aggrieved individual,” the court observed.
‘Remarks made were within rights to free speech’
Atishi’s counsel, senior advocate Ramesh Gupta, argued that the remarks made during the press conference were within her rights to free speech, especially when addressing issues of public concern.