A Delhi Court on Wednesday refused to stay an order issued by the magistrate court summoning former Rajasthan chief minister Ashok Gehlot to appear as an accused in the criminal defamation case filed against him by Union minister Gajendra Singh Shekhawat for allegedly linking him and his family members in an ongoing corruption case involving the Sanjeevani Cooperation Credit Society.
The court, while dismissing Gehlot’s petition, observed that the orders passed by the magistrate court do not suffer from any illegality or impropriety, and that the allegations by the Congress leader appear to be made to obtain political mileage.
“It is held that even the impugned order dated 06.07.2023 passed in the criminal complaint does not suffer from any factual mistake or illegality or impropriety of finding etc. and thus, the same is also being upheld, along with the other two orders dated 04.03.2023 and 24.03.2023 which have been impugned in this revision petition. As a result thereof, this revision petition filed by the petitioner herein is being dismissed,” ruled special judge MK Nagpal.
Gehlot had approached the sessions judge challenging the orders passed by additional chief metropolitan magistrate (ACMM) Harjeet Singh Jaspal in the criminal defamation case filed by the Union Jal Shakti minister.
Shekhawat alleged that Gehlot made defamatory statements against him on February 19 and 21, referring to him and his family members accused in the Sanjeevani scam case without any basis.
The court on Wednesday observed that there was no requirement of any sanction to prosecute Gehlot as statements were not made in the course of his official duty.
“The defamatory statements or imputations by the petitioner herein were though made by him while holding the posts of chief minister and home minister of the state of Rajasthan, but the same cannot be prima facie said to have been made by him while discharging his functions or duties in the above capacities and rather, the same appear to have been made by him in his personal or individual and political capacity to derive political mileage out of the above issue and thus, his above acts of making these statements or allegations cannot be given an official colour,” the court noted.
The court observed that neither Shekhawat nor his family members were named as accused in the FIR filed in relation to the Sanjeevani case, and none of them were named in four charge sheets filed, and nor were they summoned as a witnesses, suspects or accused in the investigation over the last four years.
The court refused to accept the argument made on behalf of Gehlot that he was conveying the “truth” as Shekhawat was allegedly named in one of the complaint received in connection to the scam.
“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 assembly or parliamentary elections,” the court said.
Gehlot resigned as Rajasthan chief minister last week after the Bharatiya Janata Party stormed to power in the state, and first-time MLA Bhajan Lal Sharma is set to be sworn-in as the next CM on Friday.
(With inputs from agencies)