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Delhi HC dismisses Swamy’s ‘political interest litigation’ in Sunanda Pushkar’s death case

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Subramanian

[vc_row][vc_column][vc_column_text]Court witnessed heated arguments between Swamy and Justices S Muralidhar and IS Mehta who told him to be extremely circumspect in sharing petitions with media

The Delhi High Court, on Thursday, dismissed the public interest litigation (PIL) filed by BJP MP Subramanian Swamy seeking a court-monitored SIT investigation into the mysterious death of Sunanda Pushkar, wife of Congress MP Shashi Tharoor.

Questioning the locus standi of Swamy in the case and strongly chastising him for the allegations he made against Shashi Tharoor and the Delhi Police, the Division Bench of Justices S Muralidhar and IS Mehta also asked the BJP MP and his co-petitioner Ishkaran Bhandari to “be extremely circumspect in placing such a petition in the public domain even before it is properly considered by the Court”.

The judges were peeved at the fact that Swamy had reportedly made his entire petition public, through his social media accounts and the media a day before it was first heard by the court on July 12, 2017.

Through the proceedings of the case on Thursday, Swamy and the Bench entered into heated arguments with the former often attempting to emphasise on his understanding on the law and his social profile – that of a former law minister of India. The Bench was clearly not impressed with Swamy’s arguments and during verbal observations – and later in the written order too – said that his petition “is perhaps a textbook example of a ‘political interest litigation’ dressed up as a PIL”.

At one point during the arguments, Subramanian Swamy told the judges: “This is not my first PIL. I have appeared before many courts. I have filed several petitions in the past. Many of them are reported judgments and I have been successful in most of them. I have also been the Law Minister of the country.”

While the court kept insisting that it wanted to hear the case on the basis of facts and merits and sought Swamy to furnish evidence to support his claims of the Delhi police botching up the investigation into Pushkar’s mysterious death at the behest of Tharoor, who was a union minister at the time of his wife’s demise, the BJP leader failed to present any document to support his allegations.

In its verdict, the court noted: “Nothing has been placed on record (by Swamy) to probablise, let alone substantiate, the vague and sweeping allegations made in the petition. Dr. Swamy was asked whether he had any basis for alleging that the investigation was “botched” by the Delhi Police at the “behest of rich and influential”. He was also specifically asked if, indeed, he had any information in his possession as to who these persons are. In response, Dr. Swamy stated that he would file a further affidavit to substantiate the above as well as other sweeping allegations referred to hereinbefore (sic).”

The Bench went on to say in its order that: “The failure by Dr. Swamy to disclose the full facts and information in his possession, assuming that his assertion in this regard is right, is a fatal lapse. It is contrary to the assertion made by him in the affidavit.”

The court then came down heavily on Swamy, who it said “likes to be thought of as a veteran PIL petitioner”.

Terming his petition as a “textbook example of a political interest litigation”, the Bench said: “The Court should be careful in not letting the judicial process be abused by political personae for their own purposes… That is not to say that no political person can file a PIL. It is only that, in such instances, particularly where the principal allegations are against political opponents, the Court should be cautious in proceeding in the matter.”

In an effort to ensure that petitioners in future do not file PILs like the one filed by Swamy in the Sunanda Pushkar death case, the Bench ordered: “hereafter every writ petition (which includes a PIL petition) filed in the Registry (and not obviously a letter or post card) should be supported by an affidavit which, apart from complying with the legal requirements in terms of the governing Rules of the High Court, should clearly state which part of the averments (with reference to para numbers or parts thereof) made (including those in the synopsis and list of dates and not just the petition itself) is true to the Petitioner’s personal knowledge derived from records or based on some other source and what part is based on legal advice which the petitioner believes to be true.”

While the sternly worded order of the court left Swamy with little to say in the courtroom, the BJP leader – with his reputation for making outlandish claims on a variety of issues – took to Twitter later in the day to rant against the setback her received from the Delhi High Court and also to take a dig at his detractors.[/vc_column_text][vc_raw_html]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[/vc_raw_html][vc_raw_html]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[/vc_raw_html][/vc_column][/vc_row]

India News

Nobody can browbeat judiciary, Chief Justice warns over Rahul Gandhi’s march

The Supreme Court issued notices to opposition leaders, including Rahul Gandhi and Akhilesh Yadav, over their march to the court on October 12 concerning irregularities in the Special Intensive Revision of electoral rolls.

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The Supreme Court has issued notices to Congress leader Rahul Gandhi, Samajwadi Party chief Akhilesh Yadav and other protesters over the opposition’s October 12 march to the apex court. The march was organised to raise concerns about alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The court’s remarks that nobody can browbeat the judiciary have brought the focus back to the dispute over the opposition’s protest and the appropriate way to raise grievances before the court.

Why the opposition marched to the Supreme Court

The march was part of the opposition’s campaign against what it described as irregularities in the voter-list revision process. The opposition has raised concerns over alleged electoral malpractice and demanded action concerning the Election Commission and the revision of electoral rolls.

Rahul Gandhi had led the march to the Supreme Court after Chief Justice of India Surya Kant declined a request to meet opposition leaders, including Gandhi and Congress president Mallikarjun Kharge.

The Chief Justice had advised the leaders to approach the court through the judicial process rather than seek an administrative meeting to discuss issues already pending before the Supreme Court.

Chief Justice’s position on approaching the court

The Chief Justice had said that the Supreme Court’s doors were open to every citizen and that people could approach it through petitions. He also indicated that matters affecting citizens would be considered in accordance with the law.

The distinction between the administrative and judicial functions of the court was central to the disagreement over the opposition leaders’ request for a meeting. The Chief Justice’s position was that pending legal issues should be addressed through judicial proceedings.

Supreme Court issues notices over the march

The Supreme Court issued notices to Rahul Gandhi, Akhilesh Yadav and other protesters concerning the October 12 march. The proceedings relate to the protest over irregularities in the Special Intensive Revision of electoral rolls.

The opposition’s allegations about the voter-list revision remain allegations and should not be treated as established findings merely because the matter has reached the court.

The developments have placed the opposition’s protest, its concerns over electoral rolls and the judiciary’s role in addressing such disputes at the centre of the ongoing debate.

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India News

Dhruv Rathee gets fresh summons in 2018 BJP IT cell video case

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a 2018 criminal defamation case filed by Vikas Pandey over a video concerning the BJP IT Cell. The matter will next be heard on October 17.

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Dhruv Rathi

YouTuber Dhruv Rathee has received fresh summons from a Delhi court in a criminal defamation case linked to his 2018 video titled “BJP IT Cell Part 2”. The complaint was filed by Vikas Pandey, who alleged that the video contained defamatory claims about him.

The latest court action follows renewed efforts to serve Rathee with the summons while he is in India. The matter is scheduled to be heard next on October 17.

Judicial Magistrate Rahul Jain of the Saket District Court passed the order on October 12. The fresh summons were issued after the complainant’s lawyer informed the court that Rathee, who usually resides abroad, was in India in connection with the ongoing Cockroach Janta Party (CJP) protests in Delhi.

What is the case against Dhruv Rathee?

The criminal defamation complaint concerns Rathee’s video, “BJP IT Cell Part 2”, which was published in 2018.

Pandey, who founded the social media page “I Support Narendra Modi”, alleged that Rathee’s video accused him of being associated with the BJP IT Cell and offering Rs 50 lakh through an intermediary to Mahavir Prasad. According to the complaint, the money was allegedly offered to persuade Prasad to withdraw allegations that the BJP IT Cell spreads fake news.

These claims form part of the complainant’s allegations. The court’s issuance of summons does not establish that the allegations against Rathee are true or amount to a finding of guilt.

Why has the court issued fresh summons?

According to the court proceedings, the complainant’s side had been attempting to serve Rathee with summons for several years. The court had initially summoned him through an order dated July 23, 2019, but the process of serving the summons had faced delays.

The complainant’s lawyer sought an earlier hearing after learning that Rathee was in India. The application argued that his presence in the country offered an opportunity to complete the service of summons without further delay.

The court subsequently directed that fresh summons be issued. The latest report states that the summons were served at Rathee’s Gurugram residence during his visit to India.

How is Arvind Kejriwal linked to the case?

The case also involved Aam Aadmi Party (AAP) leader Arvind Kejriwal, who had re-shared Rathee’s video on X, then known as Twitter, in 2018.

Pandey filed a separate complaint against Kejriwal over the re-sharing of the video. The Delhi High Court later declined to quash the summons issued to Kejriwal.

In February 2024, the Supreme Court stayed the trial court proceedings against Kejriwal in the matter. During the proceedings, his lawyer told the court that Kejriwal acknowledged making a mistake by re-tweeting the video.

The proceedings against Rathee continued, leading to the fresh summons issued by the Saket court.

What happens next?

The case is scheduled for its next hearing on October 17. The proceedings concern the pending criminal defamation complaint and the steps taken to serve Rathee with the court’s summons.

The allegations in the complaint remain allegations unless established through the legal process.

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India News

Supreme Court questions EC over missing records in Sringeri election dispute

The Supreme Court questioned the Election Commission over missing video footage of the 2023 counting in Karnataka’s Sringeri constituency. The case involves a revised result following a recount of postal ballots.

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The Supreme Court on Wednesday questioned the Election Commission of India (ECI) over its inability to locate video recordings of the original vote counting in Karnataka’s Sringeri Assembly constituency in 2023. The court said it would not accept what it described as “lame excuses” and directed the poll body to produce whatever records are available at the next hearing.

A bench of Justices Sanjay Kumar and Sanjeev Sachdeva expressed displeasure after the Election Commission’s counsel informed it that the footage of the original counting could not be traced.

The bench also warned that it could draw an adverse inference if the required documents were not produced.

Questioning how the poll body could lose records relating to an election it had conducted, the judges stressed that maintaining election documentation was central to its responsibilities.

“How can the Election Commission of India say that it has lost the records? Your whole purpose is to hold an election, and you need to have a document. Where is the question of you saying we are trying to trace it?” the bench asked.

“We will not accept these kinds of lame excuses,” it added.

What is the Sringeri election dispute?

The case stems from the 2023 Karnataka Assembly election in Sringeri, where Congress leader TD Rajegowda was initially declared the winner.

The result was challenged by BJP candidate Jeevaraj before the Karnataka High Court. The High Court later ordered a recount of postal ballots, including the reverification of 279 rejected postal votes.

Following the recount, the Returning Officer declared a revised result in which Jeevaraj was declared the winner. Rajegowda then approached the Supreme Court to challenge the revised outcome.

In May, the Supreme Court granted interim relief to Rajegowda, directing that he continue as the Member of the Legislative Assembly while his plea remained pending.

Rajegowda seeks counting records and observer’s report

Rajegowda has sought access to the election observer’s report and video recordings of both the original counting conducted in 2023 and the recount held this year.

The missing original counting footage became a point of concern during Wednesday’s hearing, with the bench questioning the Election Commission’s inability to trace the recording.

The court directed the Commission to submit whatever records it possesses at the next hearing. Its warning about a possible adverse inference underscores the importance the bench attached to the production of the requested documents.

The court has scheduled the next hearing for February 15, 2027.

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