CJI-led bench keeps away from hearing case relating to BJP chief’s son

Team Udayavani, Apr 13, 2018, 10:02 AM IST

New Delhi: The Supreme Court today directed the listing of a case of a news portal’s scribes, who are facing criminal defamation complaint filed by BJP President Amit Shah’s son, before an appropriate bench for final disposal on April 18.

An apex court bench headed by Chief Justice of India (CJI) Dipak Misra said since it was seized of hearing important cases pending before a constitution bench, there was paucity of time to hear this matter. It said the petitions, which have challenged the Gujarat High Court’s order refusing to quash summons issued against them by a trial court in a defamation complaint filed by Shah’s son Jay Shah, be listed before an appropriate bench.

“Let the matters be listed before the appropriate bench for final disposal on April 18. The interim order passed on the earlier occasion to continue till the next date of hearing,” the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.

On March 15, the CJI-led bench had heard the pleas filed by news portal ‘The Wire’ and some of its scribes against the Gujarat High Court order. It had also asked the Gujarat trial court not to proceed with the complaint till today.

The high court had on January 8 rejected a plea filed by the portal, seeking quashing of the defamation complaint filed against it by Jay over an article related to his company. On the last date of hearing before the apex court, senior lawyer Kapil Sibal, appearing for the portal and the scribes, had said that the article contained details from records which were in “public domain electronically”.

A five-judge constitution bench headed by the CJI and comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, is currently hearing the crucial matter relating to the validity of the Aadhaar Act. The same bench is also scheduled to hear several other matters, including the one related to its 2013 judgment re-criminalising gay sex between consenting adults and ban on entry of women between 10 and 50 years of age in Kerala’s Sabarimala temple.

Shah had moved the lower court alleging defamation by the petitioners after the article published by the news portal claimed his company’s turnover grew exponentially after the BJP-led government came to power at the Centre in 2014.

The complaint was filed against the author of the article Rohini Singh, founding editors of the news portal Siddharth Varadarajan, Siddharth Bhatia and M K Venu, managing editor Monobina Gupta, public editor Pamela Philipose and the Foundation for Independent Journalism, which publishes The Wire.

Jay has separately filed a civil defamation suit of Rs 100 crore against the website over the article. He has also rejected the charges made in the article, insisting that the story was “false, derogatory and defamatory”.