Additional Chief Metropolitan Magistrate Dharmender Singh had found sufficient grounds to proceed against and summon Swamy, a former Union minister.
“This court is of the considered view that in the present case there are sufficient grounds for proceedings against respondent,” the order had stated, posting the case for April 6, when Swamy would have to appear.
Swamy had then approached the High Court against the order.
Bagga has alleged that Swamy, who has over 10 million followers on Twitter, put out a “false and incorrect” tweet accusing him of being jailed after joining the BJP.
He, thus, alleged that the tweet was “read by thousands of followers of the respondent indicating its huge reach.”
The Magistrate order recorded Bagga’s submission that the tweet was “absolutely false and incorrect and was solely made to harm the reputation of the complainant and to defame him”.
“It is submitted that no FIR or any written complaint….was registered/lodged against complainant at PS Mandir Marg. It is submitted that complainant was never arrested for any crime by Mandir Marg Police Station,” it added.
The Court was, as a result, informed that Swamy had committed an offence under Section 500 (defamation) of the Indian Penal Code.
In the pre-summoning evidence, Bagga had examined four witnesses, including himself. The others were spokesperson and head of media relations of BJP, Delhi, vice president of BJP’s youth wing in Delhi and a sub-inspector of the Mandir Marg police station.
Source: Barandbench
