The Supreme Court on Monday asked the complainant Haresh Mehta whether a defamation complaint is still required when the RJD leader and Bihar Deputy Chief Minister Tejashwi Yadav has withdrawn his 'Gujaratis are cheats' remark.
Yadav filed an affidavit in the top court taking back his remark on Gujaratis that landed him in controversy and a subsequent defamation case. The division bench asked the complainant that why should the prosecution continue when Yadav has withdrawn the statement.
The apex court on January 5 had adjourned hearing petition by Yadav seeking transfer of the criminal defamation complaint pending against him in a magisterial court in Ahmedabad. Yadav had moved the top court seeking a transfer of this defamation case outside Gujarat and preferably to Delhi.
A bench of Justices A.S. Oka and Ujjal Bhuyan had deferred the matter on January 5 as Yadav's counsel sought time to seek instructions to file an affidavit on withdrawal of the remarks made by him.
The top court had earlier stayed the proceedings in the criminal defamation complaint. The complaint against Yadav was filed under sections 499 and 500 of the Indian Penal Code (IPC) for alleged criminal defamation.
In August 2023, a Gujarat court conducted a preliminary enquiry against Yadav and issued summon to him on the complaint filed by Mehta. Mehta alleged that Yadav's claims defamed Gujaratis.
According to the complaint, Yadav, while talking to the press in Patna in March 2023, had made remarks saying, "Only Gujaratis can be thugs in the present situation, and their fraud will be forgiven...They will be give LIC's money, Banks money and they will run with it. Who will be responsible?"
The top court has granted time till January 29 to Mehta's counsel to seek his response on the withdrawal by Yadav.
The Supreme Court will resume hearing the case again on January 29.