Delhi HC stays proceedings against Swati Chaturvedi in defamation case by Tajinder Bagga

The magistrate court had issued summons against journalist Swati Chaturvedi. The same was challenged in the sessions court, but rejected following which the High Court was moved

The Delhi High Court on Tuesday stayed the proceedings before a trial court against journalist Swati Chaturvedi in a defamation case which was filed by BJP leader Tajinder Pal Singh Bagga.

Justice Rajnish Batnagar while issuing notice, stayed the proceedings on a plea filed by Chaturvedi in which she had challenged the summons issued to her by a magistrate in the defamation case.

The case on hand relates to a Tweet posted by Chaturvedi in March 2017 in which she had made a comment on the move by the BJP to appoint Bagga as its spokesperson.

"Now the man who beat up @pbhushan1 was arrested in a sexual harassment case speaks for @BJP4India. Good job," she had tweeted.

The tweet was in reference to an incident that took place in 2011, where Bagga and two others allegedly attacked advocate Prashant Bhushan in his Supreme Court chambers. The lawyer had sustained minor injuries in the incident.

Following this Bagga filed a defamation case against Swati Chaturvedi. The Magistrate in an order of May 2018 ordered Chaturvedi to appear before the court, following which she challenged the same.

Chaturvedi had challenged the order, but the same was dismissed in December 2022 by a sessions court.

In the order Judge Sudhir Kumar said that Chaturvedi's tweet about alleged sexual harassment, lowered the image of public figure, that too when he was representing a national party.

This was then challenged by Chaturvedi in the Delhi High Court.

Appearing for Chaturvedi, advocate Adit S Pujari argued that in the present case, the alleged victim herself tweeted about the incident.

He contended that as per Explanation 4 to Section 499 of the Indian Penal Code (IPC), to invite offence of defamation, it is necessary that the person's reputation is lowered in estimation of others. However, no witness has been examined in the case.

"There is no one who came forward and said he saw the tweet and therefore the respondent's (Bagga's) reputation was lowered," Pujari said.

The counsel appearing for Bagga said that in his entire career no FIR for sexual harassment has been filed against him.

The counsel further argued that the FIR registered by the complainant was under the provisions of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act 1989.

"This FIR, too, was quashed later. I am saying that the case has peen halted for a long time. It has finally started, let it not be stayed," the counsel submitted, according to reports.

The Delhi High Court while staying the trial, issued notice to the Delhi Police and Bagga.

The matter will be taken up in July.