Congress Loses Defamation Case Against Swamy

via Press Release February 21, 2011 published on February 20, 2011

1.    Last January, an office-bearer of the Gujarat Youth Congress, Mr. Prakash Dharamsingh Gurjar filed a defamation case against Janata Party President Dr. Subramanian Swamy alleging that he had in a speech in Ahmedabad in December 2010 defamed Congress President Sonia Gandhi by alleging that she was a beneficiary in all corrupt deals since she came to India in 1968. He had also alleged that she had received Rs. 36,000 crores in the 2G Spectrum Scam and had several illegal foreign accounts abroad thus committing offences under  IPC Sections 499 (defamation) read with 153A&B (promoting enmity and prejudice to national integration). and Section 2 of the Prevention of Unlawful Activities Act(1967).

2.    In his judgment on Mr. Gurjar’s two complaints, No. P.A. No.7/2011& 16/2011, passed on 15.2.2011 by B.T. Dave , Metropolitan Magistrate,  Court No.7,  Ahmedabad , while dismissing the complaint on ground of failure of Mr. Gurjar to give any facts on his examination as complainant , which was  requisite  under Section 200 Cr.P.C.,  also held that no prima facie case was made out and hence it was not maintainable. Mr. Gurjar had alleged Dr. Swamy of doing acts prejudicial to maintenance of harmony, also invoked Section 153BI.P.C. (imputations , assertions prejudicial to national integration) and Section 500 I.P.C. (Defamation) while demanding Dr. Swamy detention in prison under the Prevention of Unlawful Activities Act.

3.   This is the fifth defamation case filed by Congress Party office bearers in the last two years against Dr. Swamy, and all of them have now been dismissed. Dr. Swamy had tried in these cases to summon Ms. Sonia Gandhi to the witness box to cross examine her,  but before the case could reach that stage, all these cases have been dismissed.

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