In a detailed order, ASJ Nagpal said that there was no infirmity in the magistrate’s orders and that protection of Section 197 of the CrPC is not available to Gehlot since he was not acting in his official capacity as Chief Minister when the defamatory statements were made.
“Further, prima facie, the criminal intent or mens rea on the part of petitioner [Gehlot] to harm, dent or damage the reputation or image of respondent through these statements is also established from the record.”
The Court noted that though Shekhawat and his family members might have been named in the complaints regarding the Sanjeevni scam, none of them have been made an accused in the First Information Report (FIR) or the chargesheet.
“Hence, the only reason which appear to have been behind the making of such allegations and imputations by petitioner through these statements can be to derive political benefits out of it by denting the image and reputation of respondent in the eyes of general public, in view of the coming Assembly or Parliamentary elections,” the Court concluded.
Source: Barandbench
