New Delhi, April 17 Shiv Sena-UBT leader Aaditya Thackeray has told the Delhi High Court as it on Monday took up a defamation case filed by Maharashtra Chief Minister Eknath Shinde's aide Rahul Ramesh Shewale, that politic regularly comment on each other's conduct and that public figures cannot be allowed to be thin-skinned as it would entirely stifle all criticism of them.
The High Court had, on March 28, issued summons to Shiv Sena-UBT chief Uddhav Thackeray, MP Sanjay Raut and party leader Aaditya Thackeray in this matter.
The court was apprised that the Thackerays and Raut have filed their responses in the matter.
Before the bench of Justice Prateek Jalan, Thackeray said that as public figures, politic such as Shewale ought to take the bouquets as well as brickbats.
"Political speech, while not always palatable, is, by its very nature, hyperbolic and this phenomenon is not unique to the plaintiff or the defendant No 3. (Aaditya Thackeray)," the reply read.
Aaditya Thackeray has also said that even though Shewale alleged that the defendants made defamatory statements regarding the functioning of Election Commission, he has cited no example of personal injury or injury to his own reputation.
"Such statements are permissible in political discourse as every political party makes such remarks against their political rivals with a view to garner both votes and eyeballs, not to mention voice the views of their respective electorates. Therefore, the plaintiff needs to have a thick skin and cannot rush to court every time a remark is made that he disagrees with or is seemingly against him. As stated above, the plaintiff himself is in the habit of making unsavoury remarks," the reply stated.
Judge Jalan allowed the applications filed by the defendants for condonation of delay in filing the replies and took their responses on record and allowed Shewale to file a rejoinder, if any.
The court then listed the matter for the next hearing on May 11.
Shewale had filed the defamation suit against the three for certain statements alleging that the Shinde-led Shiv Sena faction bought the party symbol for Rs 2,000 crore.
While appearing for Shewale, senior advocate Rajiv Nayar had earlier prayed the court to pass an injunction order to restrain them from making any further defamatory claims, and Justice Jalan had said that an order will be passed only after having the response of parties.
During the last hearing, the court had remarked: "These are political fights going on... as far as the institutions are concerned, they have to stand for themselves. Election Commission's shoulders are broad enough to deal with all this. Like the courts, people say all kinds of things about the courts."
On Nayar asking the judge if defendants' conduct shocks his conscience, Justice Jalan had said: "...the question is, is a person entitled to shock my conscience? The question is not whether it shocks my conscience or not. The question is that in the free marketplace of ideas, are people entitled to say things which might shock my conscience?... Ultimately he will have to stand on his own legs."
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