Court takes cognisance of defamation case against Prashant Bhushan

A Delhi court on Tuesday has taken cognisance of a criminal defamation complaint filed by Rajya Sabha MP and Essel Group Chairman Dr Subhash Chandra against Supreme Court lawyer Prashant Bhushan.

Taking up the complaint filed by Dr Chandra through advocate Vijay Aggarwal, Patiala House Metropolitan Magistrate Snigdha Sarvaria fixed October 28 as the next date of hearing in the case. On that date, the court will go into the pre-summoning evidence in the case.

In his plea, Dr Chandra has sought prosecution and conviction of Bhushan under Section 500 of the Indian Penal Code (IPC) for defaming him "by making inherently defamatory statements and to cause serious harm to the reputation of the Complainant by imputing behavior incompatible with proper conduct and suggestions of involvement in improper activity".

The complaint refers to a tweet put out by Bhushan on June 24 and says that he, "without any rhyme or reason" and with an "intention to tarnish the image and reputation of the Complainant and damage his social standing and goodwill in the society", tweeted an article. The tweet had said, "Must read: How BJP MP Subhash Chandra's Companies made a killing on Lotteries by cheating State Govts of 100s crores." The word "cheating" has been fabricated by Bhushan, and does not figure in any document, said advocate Aggarwal.

Dr Chandra has pointed out that while Bhushan's tweet claims he is a BJP MP, the fact is that he was not a BJP MP and was elected to the Rajya Sabha as an Independent.

This, he has said, has defamed and harmed the reputation of the complainant irreparably and the accused has gone all-out to somehow tarnish his image and reputation. "It affects the Complainant as well as his association with the News Channels which are known for fair and unbiased reporting," the complaint states. Dr Chandra has said that by referring to him as a BJP MP, Bhushan has tried to put a question mark on the impartial reporting by news channels owned by his company, and gives them a political colour.

"The Accused has committed a deliberate act, by knowingly disseminating information which is false, grossly offensive and has a menacing character which has caused grave insult, injury, enmity, hatred and ill will against the Complainant," he further said.

Dr Chandra has also pointed out that Freedom of Speech does not permit abuse and want of regard to another's honour or reputation and the allegation made in the tweet was clearly malicious and motivated with the intent and knowledge to malign him.

He has asked the court to pass necessary orders and punish the accused in accordance with law for the commission of offence under Sections 499 and 500 of the IPC.