Delhi HC sets aside Rs.3 lakh fine on Dikshit

Posted on 7th Jan 2015 by mohit kumar

New Delhi, Jan 6 (IANS) The Delhi High Court Tuesday set aside a trial court order imposing a fine of Rs.3 lakh on former chief minister Sheila Dikshit for her non-appearance in a defamation case filed by her against BJP leader Vijender Gupta.

Justice Manmohan Singh set aside a magisterial court order dated Aug 30, 2014 saying "she (Dikshit) was performing the constitutional duties mandate in discharge of her function as the governor and the governor as the head of the a state cannot cancel or refuse to perform function being the constitutional obligation".

The judge said Dikshit was governor of Kerala when the magistrate passed the order.

Dikshit had sought exemption on the grounds that she was preoccupied with some political work.

She told the court that she was engaged with official work and due to her political commitments, she was not in a position to appear before the court Aug 30.

Dikshit's counsel Mehmood Pracha said her non-appearance was neither deliberate nor intentional.

Justice Singh said the trial court order was "unnecessary and uncalled for". He said the order was not sustainable and quashed it.

The magisterial court had directed Dikshit to pay Rs.2 lakh to the Delhi State Legal Services Authority (DLSA) and Rs.1 lakh to Gupta.

Dikshit had filed the criminal defamation case against Gupta alleging that the BJP leader used "uncivilised" language against her in the run-up to the Municipal Corporation of Delhi (MCD) polls in 2012.

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