The Supreme Court on Wednesday encouraged Union Agriculture Minister Shivraj Singh Chouhan and Congress Rajya Sabha MP Vivek Tankha to amicably settle the criminal defamation case filed by Tankha over allegations of opposing OBC reservations in Madhya Pradesh’s 2021 panchayat elections.
A bench of Justices M M Sundresh and Rajesh Bindal, while hearing Chouhan’s appeal against a Madhya Pradesh High Court order that refused to quash the defamation proceedings, urged both parties to resolve the matter outside of court. “Please do not make us hear this case. Let us close it. Both of you sit together and settle this,” the bench advised senior advocates Mahesh Jethmalani and Kapil Sibal, representing Chouhan and Tankha respectively.
Tankha had alleged that Chouhan, BJP state president V D Sharma, and former minister Bhupendra Singh engaged in a “coordinated, malicious, false and defamatory” campaign by accusing him of obstructing OBC reservation — a charge he says damaged his public reputation. He filed the case seeking ₹10 crore in damages and initiation of proceedings under Section 500 of the Indian Penal Code.
During the hearing, Sibal indicated a willingness to settle the case if Chouhan expressed regret. Jethmalani responded by stating there was no wrongdoing that warranted regret, but he was open to discussions.
The court deferred further proceedings to May 21 and recorded Sibal’s assurance that Tankha would not oppose Chouhan’s request for exemption from personal appearance before the trial court.
Previously, the apex court had stayed the execution of bailable warrants issued by the trial court against the BJP leaders. Jethmalani argued that the remarks cited in Tankha’s complaint were made on the floor of the House and thus protected under Article 194(2) of the Constitution, which grants legislative privilege to members for statements made within the legislature.
The case stems from public statements made following a December 2021 Supreme Court order that stayed Madhya Pradesh’s panchayat elections. Tankha maintains that the BJP leaders falsely attributed anti-OBC motives to him, thereby harming his political standing.
The next hearing in the Supreme Court is scheduled for May 21.
