HC to hear BJP leader's plea against case lodged by Delhi CM

Justice P K Bhasin, who had earlier issued the notice to Dikshit seeking her response to Gupta's plea, would hear the matter tomorrow forenoon.

The Delhi BJP chief had moved the petition against the magisterial court's summons to him, contending that Dikshit's complaint, which set the judicial process in motion, was based on "hearsay" allegations against him.

During last hearing on July 10, Justice Bhasin had refused to stay the trial court's summons against Gupta, but had allowed him to move the magisterial court for exemption from personal appearance.

The magistrate had issued fresh summons to Gupta on June 22 after he failed to appear following an earlier order passed on June 4.

 

The summons were issued against Gupta on Dikshit's allegation that he had used "uncivilised language" to defame her before the MCD polls held on April 15.

Gupta, in his petition, has said, "the allegations made in the complaint and evidence led in support of the complaint did not make out a case of summoning the petitioner (Gupta) as the entire material produced or statement made in support of the complaint was based on hearsay evidence.

"The magistrate committed grave error under law by acting on newspaper reports which are only basis of complaint and complainant evidence in support of the complaint...". (More)