New Delhi, Jan 26 (PTI) The Delhi High Court has refused to stay trial court proceedings against BJP leader Manjinder Singh Sirsa on a criminal complaint for allegedly defaming former president of the Delhi Sikh Gurdwara Management Committee Manjit Singh GK.
Justice Swarana Kanta Sharma said it has already issued notice on Sirsa’s petition challenging the summons issued to him and there was no reason to stop the proceedings.
“At this stage, this court does not find any reason to stay the proceedings in the present complaint case. In the main petition, where the petitioner has sought setting aside of impugned order and order of summoning, notice has already been issued,” said the court in an order passed earlier this year.
“However, for the reasons recorded in the preceding paragraphs, this court is not inclined to stay the proceedings before the learned trial court. Accordingly, the present application stands dismissed,” the court said.
On June 30 last year, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed Sirsa and the other accused, Harmeet Singh Kalka and Jagdeep Singh Kahlon, to appear before his court on July 1.
In the defamation, it was alleged that the accused persons were spreading defamatory, false and frivolous information against the complainant through social media, print media and electronic media, by falsely claiming that while serving as DSGMC president, Manjit Singh GK handed over the Guru Harkrishan Public School to one Avtar Singh Hit, chairman of the Sukho Khalsa Primary Education Society.
Sirsa challenged the summons on several grounds, including that the defamation complaint was time barred as it was filed after expiry of a period of three years since the allegedly offending statements were made.
It was also said the complaint did not make out the ingredients of the offence and was based on inadmissible material and allegations.
The high court, in its order, said from the perusal of records, it prima facie appeared that the offence of defamation in this case was not a one-time offence committed in the year 2020 and at this stage, it did not prima facie find any infirmity to stay the proceedings.
It added that its observations were only prima facie in nature and shall not be construed as opinion on merits. PTI ADS ZMN
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