BHOPAL: After the Supreme Court over ruled judgement of a trial court in Bhopal in the defamation case filed by the public prosecutor on behalf of chief minister Shivraj Singh Chouhan against state Congress chief spokesperson K K Mishra, Chouhan has now lodged a complaint in the court of judicial magistrate first class (JMFC) in his personal capacity seeking registration of a defamation case against Mishra.
Earlier, public prosecutor, Anand Tiwari, had filed complaint of defamation against Mishra and a sessions court holding Mishra guilty of defamation had sentenced him to two years of simple imprisonment and slapped a fine of Rs 25,000.
However, a division bench of Supreme Court headed by Justice Ranjan Gogoi had scrapped the entire procedure of defamation trial holding that if at all Mishra had said anything defamatory about the chief minister, it was not related to anything done by him in his capacity as chief minister and therefore, public prosecutor initiating defamation procedure on behalf of the chief minister, invoking special provisions in the Cr PC was not legal. If at all, there has to be a defamation suit, it should be filed by the chief minister in his personal capacity, the apex court had said.
Chief minister has now moved a complaint under section 200 of Cr PC seeking registration of a defamation suit against Mishra under section 500 of the IPC.
Reacting to chief minister’s latest move, Mishra said that he had ‘defeated’ the official machinery which handled case for CM then and would do the same now when the CM has filed complaint in his personal capacity.