Delhi High Court stays trial court proceedings against Swati Chaturvedi in defamation case by BJP's Tajinder Bagga

The Delhi High Court on Tuesday stayed the proceedings before a trial court against journalist Swati Chaturvedi in a defamation case filed against her by Bharatiya Janata Party (BJP) leader Tajinder Pal Singh Bagga [Swati Chaturvedi v State and Anr].Justice Rajnish Bhatnagar issued notice in the matter and stayed the proceedings on a plea by Chaturvedi challenging the summons issued by a magistrate in the defamation case..The case relates to a Tweet posted by Chaturvedi in March 2017 wherein she commented on the BJP’s move to appoint Bagga as its spokesperson.The tweet read:"Now the man who beat up @pbhushan1 was arrested in a sexual harassment case speaks for @BJP4India. Good job.”The first part of the tweet in question made reference to an incident in 2011, where Bagga and two others allegedly attacked advocate Prashant Bhushan in his Supreme Court chambers, as a result of which the veteran lawyer sustained minor injuries to his head and leg..Following the tweet, Bagga filed a defamation case against Chaturvedi. In an order passed in May 2018, a magistrate court ordered Chaturvedi to appear before the court.Chaturvedi challenged the order but the same was dismissed in December 2022 by the Sessions Court.In his order, Judge Sudhir Kumar Sirohi said that Chaturvedi's tweet about alleged sexual harassment “lowered the image of public figure, that too when he was representing a national party”..Chaturvedi then moved the High Court. Advocate Adit S Pujari appeared for Chaturvedi today and argued that in the present case, the alleged victim herself tweeted about the incident. He said as per Explanation 4 to Section 499 of Indian Penal Code (IPC), to invite the offence of defamation, it is necessary that the person's repuation is lowered in the estimation of others. However, no witness has been examined in the case. "There is no one who came forward and said he saw the tweet and therefore the respondent's (Bagga's) reputation was lowered," Pujari submitted. .Counsel appearing for Bagga challenged the submissions and stated that in his entire career, no FIR for sexual harassment has been filed against him. The counsel said that the FIR registered by the complainant was under the provisions of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989."This FIR, too, was quashed later. I am saying that the case has peen halted for a long time. It has finally started, let it not be stayed," the counsel told the court. .The court, however, proceeded to stay the trial and issued notice to the Delhi Police and Bagga. The matter will now be considered in July. .Advocates Adit S Pujari and Akshat Gupta appeared for Chaturvedi.