Delhi High Court issues summons but refuses to gag Uddhav Thackeray, Aaditya Thackeray, Sanjay Raut on defamation suit by Shinde faction

The Delhi High Court on Tuesday issued summons to Uddhav Thackeray, Aaditya Thackeray and Sajay Raut on a civil defamation suit filed by Eknath Shinde faction leader Rahul Shewale for their statements against Shinde faction in relation the party symbol..Justice Prateek Jalan, however, declined to pass any interim order restraining the Thackerays and Raut from making any statements saying no interim order can be passed without hearing the defendants."I don't want to pass a gag order on day one, an injunction against free speech in a political fight," the judge said. Shewale, who is the floor leader of Shiv Sena in the Lok Sabha, moved Court alleging that Raut had said that there was a deal of ₹2,000 crore following which the Shiv Sena name and bow and arrow symbol was allotted to the Eknath Shinde faction by the Election Commission by a recent order.Senior Advocate Rajiv Nayar appeared for Shewale and asked the court to pass an order to injunct Thackerays and Raut from making any further defamatory allegations.However, the Court said that these are matters falling within political arena and it will pass orders only after hearing the defendants..Nayar said that the defendants have made allegations against institutions like the Election Commission. The Court responded by saying that institutions will have to stand up for themselves. "Election Commission’s shoulders are broader to take this like courts. People say all kinds of things about courts also," the judge remarked.As Nayar argued that the allegations are without any basis and should shock the conscience of the court, the judge responded that in the free market place of ideas, people can say a lot of things.“The question is not whether it [the allegations] shocks my conscience not. The question is, in a free market place of ideas, are people entitled to say things which shock my conscience," Justice Jalan said. "Ultimately they (the allegations) will have to stand on their own legs," he added.The judge, however, also clarified that he was not condoning the language used or the allegations made."I am not commenting whether the allegations are right or wrong or in good taste or bad. I want to have their affidavits on record," the judge made it clear.He added that he does not want to pass a gag order in a political fight without hearing the other side."I am not asking for a gag order, I am asking my lord that it should be tempered down. Look at what they are saying even after the service," Nayar stated.But the bench refused to pass any ex-parte order.The court then told Nayar that if he wants to render a prima facie finding, it will do so. However, the Senior Counsel stated that he will not press for interim order at this stage and will ask for the same when defendants appear.The Court then listed the matter for further consideration on April 17..Senior Advocates Rajiv Nayar and Arvind Verma along with advocates Chirag Shah, Utsav Trivedi, Himanshu Sachdeva, Manini Roy and Chaitali Jugran from M/s. TAS Law appeared for Shewale.