New Delhi [India], May 29 : The Rouse Avenue court on Friday took cognisance of a defamation complaint of former Delhi Minister Satyender Jain filed against BJP MLA Karnail Singh.
Jain had alleged that Singh made a defamatory statement during an interview on a news channel on January 19, 2025.
The Additional Chief Judicial Magistrate (ACJM) took cognisance and said, "There are sufficient grounds to proceed further in this matter."
The court directed Karnail Singh to appear on June 6.
The court said that the proposed accused was contesting as an opposition to the complainant from the same constituency, and hence the statements ought to have been made with a higher degree of care and caution. The proposed accused made a statement to the media persons and then asked them to exercise caution before publishing the same.
"The proposed accused, however, himself did not bother to check his facts before giving the interview. The facts stated by him in the complaint are not backed by any ED statement, press release or information in the public domain," the ACJM Paras Dalal said in the order of cognisance passed on May 29.
The court observed, "It appears the proposed accused made a statement with his own facts and figures, wherein the mental element of the proposed accused shall be subject matter of trial, as also if the same is covered under any exception to criminal defamation under law."
"From the detailed discussion above, and given that the requirements of law under Sections 210, 223, 227 of the BNSS are complied with. There are sufficient grounds to proceed. This Court therefore directs the issue of Process against the accused Karnail Singh under Section 227 of the BNSS," the court ordered on May 29.
On May 23, the court reserved an order on the cognisance of a defamation complaint after hearing the submissions of a lawyer on the point of exceptions in regard to the defamation complaint.
The court had earlier too taken cognisance of the complaint, which was challenged by the BJP MLA Karnail Singh before the sessions court.
After hearing the revision, the sessions court on April 30 set aside the order of cognisance.
Special Judge Jitendra Singh had set aside the cognisance order and remanded the matter to the court of the Magistrate for passing an order taking into consideration the exception raised by the counsel for Karnail Singh.
The court said that the view taken by the Trial Court that the applicability of statutory exceptions can be examined only at the stage of trial is not in accordance with the law. The issue raised by the revisionist goes to the root of the matter and directly affects the legality of the order issuing process.
"The Trial Court was required to undertake a limited examination of the alleged statements, the material on record, and the exceptions pleaded, to determine whether sufficient grounds exist to proceed," Special Judge Jitendra Singh had said.
"This Court has consciously refrained from examining the other grounds on merits. The impugned order is deficient inasmuch as no finding has been returned on the exceptions specifically raised by the revisionist. It is for the Learned Trial Court to consider, at the threshold, whether the material on record, read in the light of the exceptions invoked, disclosed sufficient grounds to proceed," the sessions court had said in the order.
On January 6, the court took cognisance of the Complaint and issued a summons to Karnail Singh. He had challenged the order before the Sessions Court.
Advocate Vinod Dahiya, counsel for Karnail Singh, stated that allegations levelled against the complainant were based on the press release of the Enforcement Directorate (ED) and media reports.
It was further submitted that it was the duty of Karnail Singh, being a candidate in the assembly election, to make the public aware of the opponent, who was also a former Minister.
Advocate Rajat Bhardwaj appeared for Satyender Jain.
The Former Delhi Minister Satyendra Jain moved a defamation complaint against Karnail Singh, then a Delhi election candidate of the BJP from Shakoor Basti. It is alleged that the proposed accused made a defamatory statement during an interview on a news channel on January 19, 2025.
It was alleged by complainant Jain that Karnail Singh made a statement that the Enforcement Directorate (ED) recovered 37 kg of gold from his house, and he has 1100 acres of land in his name.
The defamation complaint was moved through advocate Rajat Bhardwaj. The plea has stated that the proposed accused made a statement that Jain had made his own wealth by corruption, and the money was supposed to be spent on the public.
It was further alleged that the proposed accused made a false statement that huge amounts of gold were recovered from his house. He is Bhoo Mafia; he will go to jail again.
It was also alleged that the proposed accused defamed the complainant by calling him corrupt and a fraud. It is also alleged that several other malicious and defamatory allegations were levelled against the complainant.