Gauhati High Court declines to quash CM's petition against Sisodia

STAFF REPORTER

GUWAHAT: The Gauhati High Court on Monday refused to quash criminal defamation proceedings filed in the court of the CJM Court, Kamrup by Chief Minister Himanta Biswa Sarma against Delhi's Deputy Chief Minister Manish Sisodia.

Consequently, Sisodia will have to appear in the CJM's Court on November 19 next.

Sarma had filed a complaint petition in the CJM's Court, submitting that Sisodia had defamed him by addressing a press conference in New Delhi on June 4, 2022 wherein it was alleged that Sarma had indulged in corruption when he was the Health Minster of Assam in March, 2022 by awarding a contract for supplying PPE kits to a company owned by his wife. Sisodia had alleged that the company in question had supplied PPE kits worth Rs 600 each at the rate of Rs 990 each. On the basis of Sarma's petition, the CJM's Court had taken cognizance of Sisodia's offence and initiated proceedings under Sections 499 and 500 of the CrPC and issued summons to the Delhi Deputy Chief Minister.

Sisodia then filed a petition in the High Court, requesting that the proceeding in the lower court be quashed. He cited grounds such as non-obtaining of sanction as per Section 197 of CrPC to prosecute a public servant; the comments in question falling under "exceptions" contained in Section 499 CrPC because they were made for public good and to caution the public etc.

However, the High Court rejected the submissions made by Sisodia's counsel and allowed the CJM's Court to continue with the proceedings.

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