A Delhi court on Friday directed the city police to probe the criminal defamation complaint filed by Union Minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot over his remarks on the alleged Sanjivani co-operative scam.
Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal directed the Joint Commissioner of Police concerned to “investigate the matter either himself or through an officer not below the rank of an Inspector” and file the investigation report on April 25.
“…keeping in mind the facts and circumstances and also keeping in mind the legislative mandate…(considering the fact that the accused is residing outside the local jurisdiction of this court), this court directs an investigation into the matter, through Delhi Police. Keeping in mind the sensitivity of the matter, it is directed that the Joint Commissioner concerned shall monitor the investigation,” the magistrate said.
The magistrate further said that the investigation should endeavour to find answers to three questions — whether complainant Shekhawat was addressed as “an accused” in the Sanjivani scam by Gehlot, whether Gehlot stated that the allegations against Shekhawat stand proved and whether Shekhawat or his family members have been arrayed as “an accused” in the investigation of the scam.
The court said whether or not the statements of Gehlot constitute defamation against Shekhawat largely rests upon the investigation being conducted by the Special Operations Group (SOG) of the Rajasthan Police and what is required to be seen is whether Shekhawat is actually an accused in the scam or whether he has no bearing or involvement in the matter.
“It is on the basis of the answer to these questions the merits of the offence of defamation, as alleged by the complainant, can be decided,” the court said.
The court noted that Shekhawat’s advocate, after concluding the pre-summoning of evidence, had argued that there is sufficient material on record to summon the accused for the offences under section 500 (punishment for defamation) of the Indian Penal Code.
“The settled position in law is that in those cases where the accused is residing at a place beyond the area in which the magistrate exercises his jurisdiction, it is mandatory on the part of the magistrate to conduct an enquiry or an investigation before issuing the process…,” the court said.
It further said that according to an amended provision of the Code of Criminal Procedure (CrPC), there was an obligation on the magistrate to conduct an enquiry or direct investigation before issuing the process, so that false complaints are filtered and rejected.
Referring to two judgments of the Supreme Court of 2014 and 2016, the magistrate said that “the requirement of conducting an enquiry or directing investigation before issuing process is, therefore, not an empty formality and it is rather a mandatory requirement.” Union Jal Shakti Minister Shekhawat had filed the complaint on March 4. The complaint alleged that Gehlot, a senior Congress leader, defamed the BJP leader by alleging his role in the scam.
“There is irreparable damage caused to his (Shekhawat) reputation,” the complaint claimed.
The complaint alleged that Gehlot has been making defamatory remarks, trying to tarnish Shekhawat’s image and affect his political career.
In Sanjivani Credit Cooperative Society Ltd, thousands of investors allegedly lost Rs 900 crore. Rajasthan Police’s Special Operations Group (SOG) has been investigating the case since August 2019.
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