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    IndiaDefamation case: Uddhav, Sanjay Raut seek quashing of summons issued against them...

    Defamation case: Uddhav, Sanjay Raut seek quashing of summons issued against them by magistrate

    Date:

    Mumbai, Jun 12: Shiv Sena (UBT) leaders Uddhav Thackeray and Sanjay Raut have approached a special court here seeking to set aside the summons issued against them by a magistrate in a defamation case filed by rival Shiv Sena leader Rahul Shewale.

    The move comes months after the magistrate rejected their discharge application, citing that after the order to issue process in summary cases, the CrPC (Criminal Procedure Code) does not provide a specific provision for discharging the accused.

    Thackeray and Raut, through their advocate, have filed a review application before a special court for MPs and MLAs, seeking to overturn the magistrate's order.

    Shewale, who belongs to Shiv Sena led by Chief Minister Eknath Shinde, has accused Thackeray and Raut of defamation under Indian Penal Code section 500 (punishment for defamation), alleging that they published defamatory articles against him in the Marathi and Hindi editions of ‘Saamana'.

    In their petition, Thackeray and Raut argue that the article was based on a press conference conducted by a woman and was also reported by other newspapers and on social media. They claim that Shewale selectively targeted them.

    The petition cites Article 19(1)(a) of the Constitution, which guarantees freedom of speech and expression, including the freedom of the press.

    “The existence of free, independent and powerful media is the cornerstone of a democracy. It is the duty of a press to publish the interview of a political person, their views regarding social and economical development of our country as well as their views against any political persons,” it stated.

    The plea stated that the complaint's facts are “false and fabricated” and do not prima facie prove an offence under IPC section 500.

    It contends that the magistrate erred in issuing the summons and that not setting it aside would cause “irreparable loss and prejudice to the petitioners which cannot be compensated in any manner, leading to a miscarriage of justice”.

    Additionally, Thackeray and Raut have filed for condonation of delay, as the appeal submission time limit expired.

    Advocate Chitra Salunke, representing Shewale, raised no objection to this plea, and the court is expected to rule on it on June 13.

    Shewale's complaint objected to the December 29, 2022, article titled “Rahul Shewale has hotel, real estate in Karachi,” claiming it was a baseless attempt to damage his reputation and political career by levelling false accusations against him to malign his public image.

    He described the articles as a “concocted story,” “devoid of any merits,” and a classic example of “vendetta journalism.”

     

    Northlines
    Northlines
    The Northlines is an independent source on the Web for news, facts and figures relating to Jammu, Kashmir and Ladakh and its neighbourhood.

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