n a significant development, the Supreme Court on Monday issued a stay on the execution of bailable warrants against Union Agriculture Minister Shivraj Singh Chouhan and two other BJP leaders in a defamation case initiated by Congress Rajya Sabha MP Vivek Tankha. The apex court’s intervention comes after the Madhya Pradesh High Court declined to quash the defamation proceedings on October 25.
A bench consisting of Justices Hrishikesh Roy and S V N Bhatti has now called for Tankha’s response to the plea filed by Chouhan, seeking relief against the high court’s decision. The Supreme Court stipulated that the bailable warrants will remain stayed provided that the accused actively participate in the judicial proceedings.
Senior Advocate Mahesh Jethmalani, representing Chouhan and the other accused, argued that the statements in question were made during legislative proceedings and thus should be protected under Article 194 (2) of the Constitution. This article ensures that members of a state legislature cannot be prosecuted for any speech made or vote cast within the legislature or its committees.
Jethmalani also highlighted the unusual nature of issuing bailable warrants in a summons case, noting that the presence of the accused could be managed through their legal representatives without necessitating warrants.
The defamation case stems from allegations that during the Panchayat elections in Madhya Pradesh in 2021, Chouhan, along with BJP state president V D Sharma and former minister Bhupendra Singh, made defamatory statements against Tankha. These statements led to Tankha filing a complaint, resulting in the registration of the case by a special court in Jabalpur on January 20, 2024, under IPC Section 500, which pertains to defamation.
