Court warns of coercive action against former Delhi BJP chief

NEW DELHI: A court here today warned of "coercive action" against BJP leader Vijender Gupta if he fails to appear during framing of charges against him in a criminal defamation complaint lodged by Delhi Chief Minister Sheila Dikshit

"On next date of hearing, if he (Vijender Gupta) will not come, coercive action has to be taken," Metropolitan Magistrate Namrita Aggarwal said, while exempting the former Delhi BJP President from personal appearance for the day.

The court passed the order after Gupta failed to appear before it in pursuance to its direction on July 2.

However, Gupta's counsel sought exemption for him saying the BJP leader is out of the country and it was not possible for him to appear in court.

The counsel also submitted that Gupta's air tickets for London were booked in advance, much prior to its last order on framing of charges against him.

The court was also informed that Gupta has moved the Delhi High Court against its decision to frame defamation charges against him in the case.

To this, the judge asked the counsel if the High Court has passed any order.

Mehmood Pracha, the counsel for the Chief Minister, said that Gupta had earlier also moved the high court seeking a stay when the court had issued summons to him.

The judge, however, said that if the matter was fixed for framing of notices, then why has he not come.

"Fix the matter for July 30. The accused has to remain present on that day for framing of notices," the judge said.

The court had said "prima facie" an offence of defamation is made out against Gupta and had fixed the matter for today for formally framing charges against him.

The court had on May 15 reserved its order on whether to frame charges against Gupta when Dikshit had also appeared before it.

Dikshit had appeared in the court on May 30 last year for recording her statement, after which Gupta was summoned as an accused in the case.

The Chief Minister had filed the criminal defamation case against Gupta alleging that the BJP leader used "uncivilised" language against her in the run up to the MCD polls last year.

Earlier, Dikshit's counsel had termed as "completely false" Gupta's claim that the statement against the CM at a public place was not made by him.

Gupta's counsel Ajay Burman, however, had argued that Dikshit had not produced any concrete evidence and the material was based on newspaper reports which is "inadmissible".

He had also said the present case was filed against his client to harass him as he has been fighting for rights of citizens.