The Delhi High Court has quashed criminal defamation proceedings against Senior Advocate and former Biju Janata Dal MP Pinaki Misra, holding that the material placed before the trial court was insufficient to justify continuation of the prosecution.
Justice Swarana Kanta Sharma passed the order on August 25, setting aside the criminal complaint and the summoning order issued against Misra by a magistrate in 2019. The case arose from allegations that Misra had described Advocate Siddhartha Singh as a “crook” and a “blackmailer” during an interview with an online news platform.
The dispute dates back to 2018, when Singh approached the Bar Council of Delhi alleging professional misconduct by Misra in connection with matters relating to power distribution companies before the National Green Tribunal. The dispute later attracted media attention, following which Singh alleged that Misra had made defamatory remarks about him during a news interview.
Two complaints under Section 500 of the Indian Penal Code were subsequently filed against Misra, leading to the issuance of summoning orders.
While considering Misra’s challenge to the proceedings, the High Court observed that Singh had examined only himself at the pre-summoning stage. The complainant had not produced any independent material or witness to establish, even prima facie, that the alleged statements had lowered his reputation in the estimation of others.
The Court also noted that the allegation concerning the purported remarks was based on an online news report. However, neither the reporter or author of the report nor its editor or any other person associated with the publication had been examined to substantiate the allegation.
The High Court held that criminal prosecution should not be allowed to continue where there is inadequate foundational material to establish the essential ingredients of the alleged offence. It observed that subjecting Misra to the rigours of a criminal trial in such circumstances would not advance the interests of justice.
Accordingly, exercising its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court quashed the summoning order and all consequential proceedings arising from the criminal defamation complaint.
Senior Advocate Rebecca M. John appeared for Pinaki Misra along with Advocates Anushka Baruah, Pravir Singh and Nilanjan Dey. Additional Public Prosecutor Manoj Pant represented the State, while Advocate Divyang Kiswan appeared for the complainant.
