Introduction:
In a significant development, the Madhya Pradesh High Court has stayed the issuance of bailable warrants against Former CM Shivraj Singh Chouhan and BJP State President Vishnu Datt Sharma in a criminal defamation case. The court’s decision comes as a relief to the ruling party, given the looming General Elections.
Arguments of Both Sides:
The counsel for the petitioners argued that the senior leaders, busy with election-related duties, were unable to furnish personal undertakings due to time constraints imposed by their candidature submission. They contended that the defamation case was politically motivated, anticipating the upcoming elections. On the other hand, the respondent/complainant emphasized the importance of upholding the law regardless of the petitioners’ status.
Court’s Judgment:
Justice Sanjay Dwivedi of the Madhya Pradesh High Court reasoned that considering the petitioners’ engagement in election activities and the pendency of the matter before the High Court, the special court’s issuance of bailable warrants was premature. The court noted that the special court had previously exempted the petitioners from personal appearances on specific dates, demonstrating flexibility. Consequently, the orders directing the issuance of warrants were stayed as an interim measure.