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BJP MLA Karnail Singh raise issue of maintainability on Jain's defamation complaint

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New Delhi | March 3, 2025 2:43:14 PM IST
BJP MLA Karnail Singh has raised the issue of maintainability of the Complaint before the special MP-MLA Court over the defamation case filed by former Delhi Minister Satyender Jain.

Jain alleged that Singh made false and defamatory statements about him during a news interview on January 19, 2025. Singh accused Jain of corruption, fraud, and owning illegal wealth, including 37 kg of gold and 1,100 acres of land.

The matter is now before a special MP-MLA court, with Singh's lawyer raising concerns about the court's jurisdiction, as Singh was not an MP or MLA at the time of the incident. The court has scheduled further hearings on March 26 to address the issue of maintainability.

Additional Chief Judicial Magistrate (ACJM) Paras Dalal, after hearing the submissions of advocate Vinod Dahiya, counsel for Karnail Singh, listed the matter for hearing arguements on maintainability on March 26.

The counsel said that at the time of the incident, Karnail Singh was neither an MP nor MLA. Therefore, this special court can't hear this complaint as this court is meant to hear the cases against MP-MLAs.

ACJM Paras Dalal said, "This was raised by the court, and it was convinced that this complaint could be heard by this Court. Still, you have the right to argue."

Advocate Kaustubh Khanna, counsel for Jain, submitted that there are judgements of the Delhi High Court and Manipur High Court in favour of Jain.

The court also issued a notice to the news channel for the next date.

The court asked the counsel for Satyender Jain on February 6 how his complaint is maintainable before a special MP/MLA, wherein he is a complainant, not an accused.

The counsel for Jain had submitted that there is a judgement of the Delhi High Court that if a former MLA is a complainant in a matter, he can file the same before Special MP/MLA Court.

The judge had asked the counsel, "How this complaint is maintainable here? This court is to hear cases against the MP/MLAs."

Advocate Rajat Bhardwaj, who appeared through videoconferencing, submitted that if the complainant is a former MLA, he can file a case here before the MP/MLA Court, as per the judgement of the High Court.

The plea has been moved through advocate Rajat Bhardwaj. The plea states that the proposed accused made a statement that Jain has made his own wealth through corruption and the money that was supposed to be spent on the public.

It is further alleged that the proposed accused made a false statement that huge gold was recovered from his house. He is Bhoo Mafia, he will go to jail again. It is also alleged that the proposed accused defamed the complainant by calling him corrupt and fraud. It is also alleged that several other malicious and defamatory allegations levelled against the complainant. (ANI)

 
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