The High Court observed that, on the face of it, the statement suggested that Gandhi implied that the leadership of the BJP was intoxicated with power and consisted of deceitful individuals.
“It further means that the party workers of Bhartiya Janata Party will accept such person/persons as their leader. This imputation is prima facie defamatory in nature,” the Court added.
The Court also adverted to Explanation 2 to Section 499 of IPC as per which imputations against a company, association or collection of persons would fall within the scope of defamation.
“Thus, it is evident that the expression “any person” in Section 499 of the Indian Penal Code includes a company or association or a collection of a persons and Bhartiya Janata Party is a prominent political party which is well identifiable and will come within the meaning of Explanation-2 of Section 499 of IPC,” the Court said while dismissing the plea.
Advocate Kaushik Sarkhel appeared for the petitioner
Senior Advocate Ajit Kumar along with advocates VK Sahu, Kumar Harsh, Abhishek Abhi,Surya Prakash and Suraj Kishore Prasad appeared for the respondents.
Source: Barandbench
