Defamation case: CM fails to appear before court

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NEW DELHI: Delhi chief minister Sheila Dikshit on Monday failed to appear before a trial court in a defamation case filed by her against former city BJP chief Vijender Gupta.
Metropolitan magistrate Saumya Chauhan directed the CM to appear before it on the next date of hearing after allowing her plea for exemption from personal appearance for a day.
"The complainant (Dikshit) has to appear in person positively on the next date of hearing in the case... If she fails to come then the case can be dismissed," the judge said while fixing April 5 as the next date of hearing.
Allowing her plea for exemption from personal appearance, the court said, "I cannot compel her to come at this stage as the matter is at framing of notice… Let the matter come for complainant evidence, then also if she is not coming then the court will decide it (whether she has to appear in court or not) at that stage. It is up to the discretion of the court."
The court's direction came after Gupta's counsel, Ajay Verman and Ajay Digpaul, told the judge that the arguments in the case can proceed only if the CM, "who is deliberately avoiding the court's orders", is shall remain
present before the court or else her case should not be entertained.
To this, Dikshit's counsel, Mehmood Pracha said informed that
she is more than willing to come on every date, but due to her prior engagements at Rashtrapati Bhavan on Monday she sought exemption from personal appearance for the day.
"She has moved an exemption application for today and she has to attend Indira Gandhi Peace Award function to be held at Rashtrapati Bhavan," Pracha said.
The court on November 9, 2012 had asked Dikshit to appear before it on February 18, 2013.
Dikshit had filed the criminal defamation case against Gupta alleging that the BJP leader used "uncivilized" language against her before the April 15, 2012 MCD polls. During the proceedings, Gupta's counsel requested the court that the next date in the case only be fixed if the chief minister's counsel assures that on that day she will definitely come. "Why Dikshit is playing hide-and-seek with the court. Is it that the law cannot do anything to her?" the counsel said.
Meanwhile,
Pracha, with the court's permission, spoke to Dikshit over phone regarding what date will suit her for coming to the court and thereafter informed the judge that she can come on April 4, 5 and 6 .
The next date was fixed by the court subsequent to the submission made by Pracha.