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‘Prima facie sufficient ground for summons’: Subramanian Swamy summoned by court in defamation suit filed by BJP spokesperson Tajinder Pal Singh Bagga

In September last year, Subramanian Swamy stoked a controversy by claiming that Bagga had been jailed many times for committing petty crimes by New Delhi’s Mandir Marg Police.

Rajya Sabha MP Subramanian Swamy has been summoned by a court in a defamation suit filed against him by BJP spokesperson Tajinder Pal Singh Bagga.

In a tweet, the BJP spokesperson informed, “Rouse Avenue Court issues summon to Subramanian Swamy on defamation case filed by me.”

“This court is of the considered view that in the present case there are sufficient grounds for proceedings against (the) respondent. In view of allegations made in the complaint, testimonies of (4 witnesses) and material brought on record by them, this court are prima facie satisfied that there are sufficient grounds for the summoning of the respondent as accused qua offence punishable u/s 500 IPC,” the Rouse Avenue Court had held.

The Background of the Defamation Suit

In September last year, Subramanian Swamy stoked a controversy by claiming that Bagga had been jailed many times for committing petty crimes by New Delhi’s Mandir Marg Police.

He had claimed, “Delhi journalists inform me that before joining BJP, Tajinder Bagga had been jailed many times for petty crimes by the New Delhi Mandir Marg Police Station. True? If so Nadda should know.”

The BJP spokesperson had hit back at Swamy and asked him to prove the allegations within 48 hours of his tweet. He even mocked the Rajya Sabha MP as ‘James Bond ke Chacha (uncle of James Bond).

When Subramanian Swamy failed to provide any evidence for his outrageous claims, Tajinder Bagga sent a legal notice to him on October 1, 2021. The notice said that the tweet by Swamy was posted with clear intentions to damage and harm Bagga’s reputation, despite being fully aware that the allegations made were incorrect.

The notice further asked Subramanian Swamy to justify his allegations furnishing details like serial numbers of FIRs registered against Bagga at Mandir Marg police station in Delhi, DD numbers of complaints registered or lodged against Bagga, dates when Bagga was allegedly arrested and jailed, and names of journalists who had reported about the alleged arrest or detention of Bagga in newspapers and news channels.

The defamation notice stated that if Subramanian Swamy failed to provide the sought details within 7 days of receiving the notice, he would submit a written apology to Tajinder Bagga for circulating a false, frivolous and defamatory tweet. The notice warned that if Swamy did not apologise, Bagga would legally proceed against him.

In December last year, it was reported that a defamation case was filed by Bagga and that the Rouse Avenue court took cognisance of the offence which is punishable under IPC section 500 (Defamation).

Tajinder Bagga had examined four witnesses including himself in pre­summoning evidence. The other witnesses involved BJP spokesperson Praveen Shankar Kapoor, BJYM Vice-President Shashi Yadav and Sub Inspector (Mandir Marg Police station) Sandeep Kumar.

“After pre­summoning evidence, arguments were advanced on behalf of complainant,” the court had observed on March 22.

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OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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