Defamation case: Bajrang Punia does not appear before court on health grounds, court allows exemption

New Delhi [India]: Wrestler Bajrang Punia on Wednesday did not appear before the court on health grounds. The court allowed his exemption for today only. Patiala House court had issued a summons to him in the defamation case.

Metropolitan magistrate Yashdeep Chahal allowed the application for exemption for today only.

The next date of hearing in the matter is September 14.

Meanwhile, the court directed the counsel for complainant Naresh Dahiya to supply a copy of the complaint to the counsel for Punia.

Counsel for Punia appeared before the court. He submitted that Punia developed a fever this morning. He also submitted that ‘Vakalatnama’ could not be signed as Punia resides outside Delhi.

The court noted that the counsel has not filed any medical document to substantiate his submissions.

The court also noted that the accused has not appeared despite the issuance of a summons.

Earlier, the Patiala House had issued a summons to Olympic medalist wrestler Bajrang Punia in a defamation case filed by Naresh Dahiya (a Wrestling coach).

Complainant Naresh Dahiya through a criminal defamation complaint stated that during the protest at Jantar Mantar on May 10, 2023, Bajrang Punia made defamatory remarks against him in a press conference.

Court noted that the relevant extracts reveal that the accused Bajrang Punia had made a reference to a rape case ongoing against the complainant (Naresh Dahiya) in Tis Hazari Court.

The accused referred to the complainant by name and stated that the complainant has no credibility to oppose the protest as he was himself facing a rape case.

But during the Court witness recording complainant categorically deposed that he was acquitted in the said rape case in 2019 itself and the said fact was well known to the accused as well, who is a part of the same fraternity.

Metropolitan Magistrate Yashdeep Chahal while issuing summons for Bajrang Punia stated that on a consideration of the complaint, supporting documents and pre­summoning evidence, I am of the prima facie view that all the ingredients of defamation are made out.

It appears that the statement made in the press conference was a result of malicious intent and was not made in good faith. In view of the same, let the accused, namely, Bajrang Punia be summoned for the commission of an offence punishable under Section 499 read with Section 500 of the Indian Penal Code.

However, the Court clarified that at the stage of summoning, it is fairly settled that the Court is not required to go into a comparative analysis of the possible defence that may be taken by the accused.

Advocates Sudhir Nagar, Ashish Tanwar, Rajesh Rexwal and Ravinder Singh appeared for complainant Naresh Dahiya submitted that the fact of acquittal was well known and a malicious attack was made by the accused to tarnish the reputation as well as credibility of the complainant for the sole reason of dissuading him from supporting the WFI President in the protest.