Mumbai, Jul 17 (PTI) BJP MP Narayan Rane made “vague and unsubstantiated” statements against Shiv Sena (UBT) leader Sanjay Raut “indicating malice”, said a court here while upholding the summons issued to the former Union minister in a defamation case filed by the latter.
The court found that, prima facie, Rane’s statements were false and publicly made, thereby satisfying the elements of imputation and publication under defamation law.
Raut filed a criminal defamation case against Rane for allegedly making “malicious and false” remarks about him at the Konkan Festival organised in Bhandup in the metropolis on January 15, 2023.
Rane had allegedly said Raut’s name did not exist in the voters’ list, and that he (Rane), when he was in the Sena, had helped the latter get elected to the Rajya Sabha.
Taking cognizance of the complaint, a magistrate’s court in Mazgaon issued process (summons) to the BJP MP in April.
Rane challenged the summons before the special court for cases against MPs and MLAs, saying no defamation case was made out against him.
In his plea, Rane claimed the complaint lacked credible demonstration of actual damages, an essential element of defamation, and did not specify how the complainant’s reputation was harmed.
The remarks were made in the course of political discourse, not out of personal animosity or vendetta, Rane’s plea claimed, adding that political criticism or annoyance does not constitute defamation.
The BJP leader further contended the complaint was filed approximately three months after the incident, indicating it was an afterthought and motivated by ulterior purposes.
However, Raut’s lawyer advocate Sarthak Shetty contended there was no illegality in the magistrate’s order.
Rane knowingly made false statements solely to defame Raut, he added.
Additional Sessions Judge Satyanarayan Navander, in his order passed on Wednesday, found no “illegality or impropriety” in the summons issued to the BJP leader.
The court noted that Raut presented documentary evidence, including a 2002 voters’ list extract, which was not disputed by Rane, confirming Raut was a registered voter.
“Prima facie, the applicant’s statements are false and were made publicly, thereby satisfying the ingredients of imputation and publication,” it ruled.
“Moreover, the statement that the complainant had committed fraud and would have to go to jail is vague, unsubstantiated, and cannot be said to have been made in good faith or with due care and attention,” the court said.
The statements were made “without supporting material, thereby indicating malice and an intent to tarnish the complainant’s (Raut) reputation”, the court further said.
The court refused to accept the plea of political discourse, saying the statements were “not mere expressions of dissenting views but specific allegations impugning the complainant’s integrity and lawfulness”.
The court also distinguished the present case from multiple Supreme Court rulings cited by the BJP leader.
In those cases, the complaints arose from opinion-based statements or unpleasant views that did not directly attack an individual’s reputation, the court observed.
However, in the case at hand, the allegations were “specific, demonstrably false, and have been made with the apparent intention to lower the complainant’s reputation”, the court said while holding that the magistrate rightly appreciated the material on record and issued summons to Rane.
The court concluded that the impugned order did not warrant interference and dismissed Rane’s plea on the process issued against him. PTI AVI BNM
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