Sanjeevani Scam: Delhi court rejects Ashok Gehlot plea against summons in defamation case by Gajendra Singh Shekhawat

A Delhi court on Wednesday dismissed former Rajasthan Chief Minister Ashok Gehlot’s plea challenging the magistrate court’s order summoning him as an accused in a defamation case filed by Union Minister Gajendra Singh Shekhawat [Ashok Gehlot v Gajendra Singh Shekhawat]..Additional Sessions Judge (ASJ) MK Nagpal of Rouse Avenue Courts rejected Gehlot’s plea after coming to a prima facie conclusion that Gehlot made allegations against Shekhawat to "derive political benefits" and defame him.“Therefore, in view of the above discussion, it is held that even the impugned order dated 06.07.2023 passed by the Ld. ACMM-04 in the above criminal complaint does not suffer from any factual mistake or illegality or impropriety of finding etc. and thus, the same is also being upheld,” the Court said.Judge Nagpal also upheld the orders of the magistrate court through which an investigation was ordered to be conducted by the Delhi Police as per provision of the Code of Criminal Procedure..Shekhawat filed the criminal defamation suit against Gehlot after the Chief Minister allegedly made a statement regarding the Union Minister's alleged involvement in the Sanjeevani scam.The Union Minister alleged that Gehlot made the defamatory allegations in February 2023 after meeting some people who lost their investment in Sanjeevani. These aggrieved people had alleged that Shekhawat was involved in the scam.It is Shekhawat's case that Gehlot was speaking to the media where he named the Jal Shakti minister and asked how such people become ministers in the Modi government..As Shekhawat sued Gehlot for defamation, the Additional Chief Metropolitan Magistrate issued a summons to the Congress leader on July 6, 2023.Gehlot challenged the order before the Sessions Court..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. .Senior Advocates Dayan Krishnan, Mohit Mathur and GS Bapna along with advocates Mudit Jain, Kunal Dewan Aarohi Mikkilineni, Rishi Gupta, Sanjeevi Sheshadri, Mayank Sharma and Rudraksh Nakra appeared for Ashok Gehlot.Gajendra Singh Shekhawat was represented through Senior Advocate Vikas Pahwa. He was assisted by advocates Rajiv Mohan, Abhishek Pati, Manvinder Singh Shekhawat, Nishat Madan, Sanskriti S Gupta, Ajit Sharma, Aditya Vikram Singh and Rehan Khan..[Read Judgment]