The complainant filed by BJP leader Praveen Shankar Kapoor accused Aam Aadmi Party (AAP) leaders of defamation over statements that the BJP was approaching AAP MLAs and offering them bribes for switching sides.
Special Judge (MP/MLA cases) Vishal Gogne said the order passed by ACMM on May 28, 2024 suffers from material error and infirmity.
“A court of law cannot aid the tilting of the democratic balance between unequal political formations and against the right to freedom of speech and expressions as well as the right to vote through contrived criminal actions for defamation filed by non aggrieved persons,” the special court said.
Pertinently, the Court also took a dim view of the complaint filed by the BJP leader and said that it seemed to be an attempt by a larger party like BJP to scupper the smaller voice of AAP using defamation and the same cannot be permitted.
The BJP must project a broader shoulder in accepting alternative political narrative, the Court emphasised.
“The big voice cannot scupper the smaller voice using the weapon of defamation. Any foot solider of a big enterprise like the party in question (BJP) must necessarily project broad shoulders in accepting an alternative political narrative. Such responsibility accompanies the privilege of being the ruling party,” it further said.
