The Delhi High Court has brought an end to criminal defamation proceedings initiated against Senior Advocate and former Biju Janata Dal Member of Parliament Pinaki Misra, holding that the material placed before the trial court was insufficient to justify the continuation of the prosecution.
Justice Swarana Kanta Sharma, in an order passed on August 25, quashed the criminal complaint as well as the summoning order issued against Misra by a magistrate in 2019. The proceedings arose from allegations that Misra had referred to Advocate Siddhartha Singh as a “crook” and a “blackmailer” during an interview carried by an online news platform.
The dispute had its origins in 2018, when Singh lodged a complaint before the Bar Council of Delhi alleging professional misconduct by Misra in connection with matters concerning power distribution companies before the National Green Tribunal. The controversy subsequently received media attention, following which Singh alleged that Misra had made the impugned remarks during a news interview.
Two complaints alleging the offence of criminal defamation under Section 500 of the Indian Penal Code were thereafter instituted, resulting in summoning orders being passed against Misra.
While examining his challenge to the proceedings, the High Court noted that the complainant had examined only himself at the pre-summoning stage and had not produced any independent material or witness to establish, even prima facie, that the alleged imputations had lowered his reputation in the estimation of others.
The Court also took note of the fact that the allegation regarding the purported remarks rested upon an online news report. However, no reporter, author, editor or any other person associated with the publication had been examined to corroborate the claim.
Observing that criminal prosecution cannot be permitted to continue in the absence of adequate foundational material demonstrating the essential ingredients of the offence, the Court concluded that subjecting Misra to the rigours of a criminal trial would not advance the cause of justice.
Accordingly, exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court set aside the summoning order and all consequential proceedings arising from the defamation complaint.
Senior Advocate Rebecca M. John, along with Advocates Anushka Baruah, Pravir Singh and Nilanjan Dey, appeared for Misra. Additional Public Prosecutor Manoj Pant represented the State, while Advocate Divyang Kiswan appeared for the complainant.
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