New Delhi [India], June 6 : A Delhi court on Tuesday reserved the order on the point of issuance of summons in a defamation case filed by Union Jal Shakti Minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot over the latter's "misleading statements" in relation to the alleged Sanjeevani scam.
Additional Chief Metropolitan Magistrate (ACMM) Harpreet Singh has listed the matter for order on the issuance of summons on June 24, 2023, after the conclusion of submission and recording of pre-summoning of evidence in the matter.
Appearing for Gajendra Singh Shekhawat, Senior Advocate Vikas Pahwa submitted that Chief Minister of Rajasthan Ashok Gehlot is a Chief Minister of the state and he's talking about a pending investigation. The question is who is in control of this investigation. CrPC does not recognise the Chief Minister, he can't access the Chargesheet even, if it goes to the court.
"Under the Rajasthan Police rules, there is no role of anyone except the police force, not even the CM or someone from the Home Department. Making false statements without having any access to the investigation officially...the statements are defamatory to me and he can't claim protection under 197 by going out in public and disclosing a close door investigation," Senior Advocate Vikas Pahwa argued.
"The act which is involved in this case, he had no business in making these false statements against his colleague and giving false information public at large it is an act of defamation," said Pahwa while concluding his submissions.
Shekhawat filed a defamation case against Gehlot earlier this month, claiming that the latter made defamatory statements against him in connection with the Sanjivani Credit Cooperative Society scam.
Earlier, the Court had directed Delhi police to investigate whether the complainant Gajendra Singh Shekhawat was addressed as 'an accused' in the Sanjeevani Scam by the accused herein Ashok Gehlot?, Whether the accused Ashok Gehlot stated that the allegations against the complainant Gajendra Singh Shekhawat stand proved in the Sanjeevani Scam ? and Whether the complainant Gajendra Singh Shekhawat or his family members have been arrayed as 'an accused' in the investigation of the Sanjeevani Scam?
The court stated that the legislative mandate as is provided u/s 202 CrPC (considering the fact that the accused is residing outside the local jurisdiction of this court), this court directs an
investigation into the matter, through Delhi Police. Keeping in mind the sensitivity of the matter, it is directed that the Joint Commissioner concerned shall monitor the investigation.
Earlier, Senior Advocate Vikas Pahwa appeared for Shekhawat who sought prosecution against Gehlot for allegedly making defamatory speeches against him and submitted that it is a fresh complaint moved by the Union Minister against the Chief Minister of Rajasthan and said that "There is an irreparable damage caused to his reputation."
"This matter pertains to a case in which FIR was registered in 2019. Three charge sheets have been filed. Shekhawat's name has not appeared anywhere. He was not called by the Investigation officer. Despite this Gehlot said the allegations against Shekhawat have been proven," Senior advocate Vikas Pahwa told to ANI.
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