Smriti Irani defamation: HC to hear Sanjay Nirupam's plea Feb 20

The Delhi High Court Tuesday posted for Feb 20 the final hearing of a plea filed by Congress MP Sanjay Nirupam for quashing the summons issued by a trial court on a defamation suit filed against him by union minister Smriti Irani.

Justice V.P Vaish said he will hear the case Feb 20, 2015.

TV actress-turned-BJP parliamentarian Irani, now the union human resource development minister had filed a complaint against Nirupam for allegedly using "indecent language" during a television debate.

Nirupam had moved the high court and sought quashing of Irani's complaint and a stay on the proceedings in the trial court.

While discussing the Gujarat and Himachal Pradesh assembly elections on a TV channel, Nirupam had mocked the Bharatiya Janata Party Rajya Sabha member by saying she had entered politics only some years ago.

Nirupam challenged the summons issued in March last year by the trial court and said: "The magistrate without application of mind and contrary to law came to take cognizance on the said material to issue summons. The petitioner humbly submits that the very cognizance is bad in law."

The trial court Jan 8, 2013 had taken cognizance of the criminal defamation complaint filed by Irani against Nirupam.

In his plea, the Congress leader contended that the magistrate "has erred in law to conclude defamation".

"The only witness who deposed made vague statements and did not give any positive evidence to constitute defamation," he said.

"The debate was at the spur of the moment and the petitioner could not have harboured the intention to outrage the modesty, as concluded by the magistrate," the plea said.