New Delhi [India], April 26 (ANI): Delhi’s Rouse Avenue court on Saturday decided the issue of jurisdiction as well as maintainability, stating that the Court has the jurisdiction to proceed with the Complaint filed by former Delhi Minister Satyender Jain.
Jain had filed a defamation complaint against then-BJP leader Karnail Singh. Singh is an MLA from the BJP, having won the election.
Additional Chief Judicial Magistrate (ACJM) Paras Dalal orally pronounced the order, saying, “This court has jurisdiction to proceed with the matter.”
The court has listed the matter for arguments on cognisance on May 8. The detailed order is to be uploaded on the court website by the evening, the court said. Meanwhile, the court has directed the counsel for the complainant to file amended memos of the parties. The proposed accused had raised the issue of maintainability and jurisdiction.
Advocate Vinod Dahiya, counsel for Karnail Singh, has stated that the proposed accused, Karnail Singh, was not an MLA at the time Jain filed the complaint. Therefore, the court lacks jurisdiction to hear the Complaint.
On April 17, the court had reserved an order on the maintainability of the defamation Complaint. On March 3, the counsel for Karnail Singh had raised the issue of the maintainability of the Complaint before the special MP-MLA court.
Advocate Vinod Dahiya, counsel for Karnail Singh, stated that at the time of the incident, Karnail Singh was neither an MP nor an MLA. Therefore, this special court can’t hear this complaint, as it is intended to hear cases against MPS and MLAS.
ACJM Paras Dalal stated that the court raised this issue and was convinced that this Court could hear this complaint. Still, he has the right to argue.
Advocate Rajat Bhardwaj, counsel for Jain, had submitted that there are judgments of the Delhi High Court and Manipur High Court in favour of Jain.
The court, on February 6, asked the counsel for Satyender Jain how his complaint is maintainable before a special MP/MLA, when he is a complainant, not an accused.
The counsel for Jain had submitted that there is a judgment of the Delhi High Court that if a former MLA is a complainant in a matter, he can file the same before the Special MP/MLA Court.
The judge had asked the counsel, “How is this complaint maintainable here? This court is to hear cases against the MP/MLAS.”
Advocate Rajat Bhardwaj, who appeared through video conferencing, had submitted that if the complainant is a former MLA, he can file a case here before the MP/MLA Court, as per the judgement of the High Court.
The Former Delhi Minister, Satyendra Jain, has filed a defamation complaint against Karnail Singh, a BJP candidate for the Delhi election 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 is alleged by the complainant, Jain, that Karnail Singh made a statement claiming that the Enforcement Directorate (ED) had recovered 37 Kg of gold from his house and that he owns 1,100 acres of land in his name.
The plea has been moved through advocate Rajat Bhardwaj. The plea states that the proposed accused made a statement alleging that Jain amassed his wealth through corruption, and that the money was intended for public use.
It is 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 is 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. (ANI)
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