Supreme Court relief to Shivraj Singh Chauhan.
The Supreme Court on Monday issued a notice on Union Minister Shivraj Singh Chauhan’s petition in the defamation case. The matter was brought to the Supreme Court after the Madhya Pradesh High Court dismissed the petition. Congress MP and senior lawyer Vivek Tankha has filed a defamation suit against Shivraj Singh Chauhan and others. In this case, the Supreme Court stayed the bail order of Shivraj and two other BJP leaders.
A bench of Justices Hrishikesh Roy and SVN Bhatti sought Tankha’s response on the plea of ​​Shivraj and others challenging the Madhya Pradesh High Court’s order refusing to quash the case. The bench said the bail order would not be enforced against the petitioners in view of their effective participation in the ongoing court proceedings in the defamation case.
These remarks fall within the scope of Article 194(2) of the Constitution
Senior advocate Mahesh Jethmalani appeared on behalf of Shivraj and other petitioners in the case. He said the statement mentioned by Vivek Tanka was made in the House. These declarations fall within the ambit of Article 194(2) of the Constitution.
He said Section 194(2) provides that no member of the State Legislature shall face any proceedings in any court on account of his remarks or vote before the Legislature or any committee thereof. No person shall face any court action arising out of any report, document, vote or proceeding published by the House of Representatives of this Legislature.
Never heard of this: Mahesh Jethmalani
Advocate Mahesh Jethmalani told the court that he had never heard of a bailable order being issued by the court in a case related to summons and the person could appear through a lawyer. Earlier on October 25, the High Court had refused to quash the defamation case filed by Tankha against Shivraj Singh, VD Sharma and former minister Bhupendra Singh.
