On Monday, the Supreme Court announced a notice regarding Union Minister Shivraj Singh Chauhan’s petition in a defamation lawsuit. This issue has arrived at the Supreme Court following the Madhya Pradesh High Court’s dismissal of a petition. Congress MP and prominent lawyer Vivek Tankha has submitted a defamation lawsuit against Shivraj Singh Chauhan and others. In the same instance, the Supreme Court paused the execution of the bailable warrant targeting Shivraj and two other BJP officials.
A panel of Justices Hrishikesh Roy and SVN Bhatti requested Tankha’s reply regarding the petition submitted by Shivraj and others disputing the Madhya Pradesh High Court’s decision to not dismiss the case. The bench stated that considering the petitioners’ active involvement in the current court proceedings related to the defamation case, a bailable warrant will not be issued against them.
In this instance, senior advocate Mahesh Jethmalani represented Shivraj and the other petitioners in court. He stated that the remarks made by Vivek Tankha occurred in the House. Those declarations are covered by Article 194 (2) of the Constitution.
He mentioned that Article 194 (2) declares that no State Legislature member shall be subject to court proceedings regarding any statements made or votes cast in the Legislature or its committees. No individual shall be subject to any legal action in any court concerning the release of any report, document, vote, or proceeding by or under the control of a House of that Legislature.
Attorney Mahesh Jethmalani informed the court that it had never been mentioned that the court had released a bailable warrant in a case concerning summons, where the parties could attend via a lawyer. Previously, on October 25, the High Court declined to dismiss the defamation lawsuit initiated by Tankha against Shivraj Singh, VD Sharma, and ex-minister Bhupendra Singh.
He mentioned that Article 194 (2) declares that no State Legislature member shall be subject to court proceedings regarding any statements made or votes cast in the Legislature or its committees. No individual shall be subject to any legal action in any court concerning the release of any report, document, vote, or proceeding by or under the control of a House of that Legislature.
Attorney Mahesh Jethmalani informed the court that it had never been mentioned that the court had released a bailable warrant in a case concerning summons, where the parties could attend via a lawyer. Previously, on October 25, the High Court declined to dismiss the defamation lawsuit initiated by Tankha against Shivraj Singh, VD Sharma, and ex-minister Bhupendra Singh.