NEW DELHI: Delhi High Court on Wednesday stayed a trial court order which summoned BJP MLA Vijender Gupta in a criminal defamation case filed by AAP leader and Delhi cabinet minister Kailash Gahlot. According to the case filed by Gahlot, Gupta had made defamatory remarks about him over the procurement of 1,000 low-floor buses.
Justice Manoj Kumar Ohri sought Gahlot’s stand on Gupta’s challenge to the summons issued to him. Gupta had allegedly made defamatory statements on purported irregularities in the procurement of 1,000 low floor buses by the Delhi Transport Corporation. “In the meantime, the order shall remain stayed,” the court said.
Advocate Ajay Burman, appearing for Gupta, argued that his client was “squarely covered” under the exceptions to defamation under the Indian Penal Code as the statements were made in discharge of public service as a leader of the opposition.
Gupta was summoned by the trial court on October 11 on the Delhi Transport Minister’s complaint and was asked to appear before it on November 16. The trial court said there was prima facie enough evidence to summon Gupta as an accused of the alleged offence of defamation.
Gahlot had filed criminal and civil defamation suits against Gupta in August for making “scandalous allegations” in the procurement of low-floor buses. A statement issued by the minister’s office said he had sought damages of `5 crore from the BJP leader as damages in the civil defamation suit.