Additional Sessions Judge Shail Jain rejected the appeal of an RTI activist and upheld the order of a trial court which had also refused to summon the witnesses and also imposed a cost of Rs 1,000 on the complainant.
The sessions court said if the complainant has sufficient material to prove that defamatory speech was made by Shinde, there was no need for summoning any other witnesses.
"I am of the opinion that law requires, at the stage of pre-summoning evidence, that the complainant has to prove prima facie requirement of summoning the accused.
"If it is the case of the revisionist that he has with him sufficient material that portrays and proves that defamatory speech was made by the accused and the same was published in print media and electronic media, copies of which are available with him, in my opinion, there is no necessity for summoning any other witness to prove said speeches, hence, I am of the opinion that no fruitful purpose will be served by summoning any witnesses, as per application moved by the complainant," the judge said.
The plea had also sought to call senior Congress leader Mani Shankar Aiyar and Chandrabhan of Rajasthan Pradesh Congress as witnesses.
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