Chief Justice made a mistake, HC said on accepting defamation petition filed against Shubhendu Adhikari, know what happened then

matnewsMay 31, 2023

High Court Justice Bibek Chaudhary said that the defamation petition filed against Shubhendu should have been filed in the MP/MLA Special Court instead of the Sessions Court.

West Bengal Leader of Opposition Shubhendu Adhikari has got a big relief from the Calcutta High Court. The Calcutta High Court has dismissed a defamation petition filed against a BJP leader, saying the Chief Sessions Judge erred in accepting the petition. He should not have done this.

High Court Justice Bibek Chaudhary said that the defamation petition filed against Shubhendu should have been filed in the MP/MLA Special Court instead of the Sessions Court. Justice said that he is not even taking the help of Public Prosecutor to dismiss the petition. They feel that the Chief Justice should not have accepted this petition at all. By doing so, he took a very wrong decision.

Any petition against MLA, MP should be filed in MP/MLA court

Justice Bibek Chaudhary said that the Supreme Court has said many times that only the MP/MLA Special Court can accept any petition against MLAs and MPs. He said that under the notifications of 6 March 2018 and 27 January 2021, such courts have been established in West Bengal. If there is any complaint against the MLA and MPs, it should be filed in these courts only.

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The High Court, while dismissing the petition filed with the Chief Sessions Judge, gave exemption to the complainant that he can file it afresh in the MP/MLA Special Court. Justice Bibek Chaudhary said that the complainant should go to the special court and file his petition. The Special Magistrate or the Special Judge of the MP/MLA Special Court can take cognizance of their petition and hear it accordingly.

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Public prosecutor had filed a defamation case against Shubhendu

The defamation case against Shubhendu Adhikari was filed by a public prosecutor. He says that Shubhendu had posted a misleading post on Twitter about the bus being taken hostage. He claims that the tweet made by Shubhendu was completely false. He has committed the offense of defamation.