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Mumbai: A special court on Monday dismissed the joint appeal of Shiv Sena (UBT) leaders Uddhav Thackeray and Sanjay Raut against a magistrate's order refusing to discharge them in a defamation case filed by former Lok Sabha MP Rahul Shewale.
Denying their revision application, special judge for cases against MPs and MLAs, AU Kadam, directed that the case be sent to the trial (magistrate) court for further proceedings.
Shewale, part of the Chief Minister Eknath Shinde-led Shiv Sena, has sought action against Thackeray and Raut under Indian Penal Code section 500 (defamation) for publishing "defamatory articles" against him in the Marathi and Hindi editions of Shiv Sena (UBT) mouthpiece 'Saamana'.
Shewale has taken objection to articles, published on December 29, 2022, alleging he had hotel and real estate businesses in Karachi in Pakistan. As per Shewale's plea, filed in January last year through advocate Chitra Salunkhe, the articles were "concocted" and "devoid of any merit".
Claiming innocence and alleging they had been falsely implicated, Thackeray and Raut had filed a discharge application before a magistrate court.
The magistrate rejected their pleas in October 2023 saying CrPC does not contain any specific provision for discharge of the accused after issue of process in summary cases.
In their revision petition against the magistrate's order, Thackeray and Raut claimed the article was based on the press conference of a woman, adding it was also published in other newspapers and posted on social media platforms.
Shewale selectively filed a case against Thackeray and Raut, the plea said. The petition cited Article 19 (1) (a) of the Constitution which gives fundamental rights of freedom of speech and expression and includes within its ambit freedom of press.
"The existence of free, independent and powerful media is the cornerstone of a democracy. It is the duty of a press to publish the interview of a political person, their views regarding social and economical development of our country as well as their views against any political persons," they said in the revision application.
It is "abundantly clear" the complaint is "false and fabricated" and fails to, prima facie, prove commission of offence under IPC section 500 as alleged by the complainant, the revision application stated.
Thus, the magistrate erred in the issuing process (summons) against Thackeray and Raut, it said.