Delhi HC stays trial court proceedings in defamation case against journalist

New Delhi, March 7 The Delhi High Court on Tuesday stayed the trial court proceedings against journalist Swati Chaturvedi in a defamation case filed by Bharatiya Janata Party (BJP) leader Tajinder Pal Singh Bagga till July 17.

A single judge bench of Justice Rajnish Bhatnagar was hearing Chaturvedi's plea challenging the summons issued by the trial court.

The judge issued notice in the matter and stayed the proceedings.

The case stems from a tweet Chaturvedi had posted in 2017 commenting on Bharatiya Janata Party appointing Bagga as its spokesperson.

"Now the man who beat up @pbhushan (Prashant Bhushan) was arrested in a sexual harassment case speaks for @BJP4India. Good job," her tweet read.

Prashant Bhushan, mentioned in Chaturvedi's tweet, is an advocate, who was allegedly attacked by Bagga with two others in his Supreme Court chambers in 2011.

Post Chaturvedi's tweet, Bagga filed a defamation case against her.

In May 2018, a magistrate court passed an order summoning Chaturvedi to appear before the court, which the latter challenged only to get it dismissed in December last year.

Judge Sudhir Kumar Sirohi had said that her tweet about alleged sexual harassment degrades Bagga's image, a public figure and especially when he was representing a party.

During the hearing, representing Chaturvedi, Advocate Adit Pujari said that no second witness was examined before the trial court as per explanation 2 of Section 499 of the Indian Penal Code who can say that Bagga's image has been lowered because of the tweet.

However, Bagga's lawyer argued that the question of whether his image was lowered in the eyes of public is a question of fact which can be decided by evidence.

Chaturvedi has moved the High Court challenging the orders of the magistrate court and sessions court.

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