24 October,2024 08:01 PM IST | Mumbai | mid-day online correspondent
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Shiv Sena (Uddhav Balasaheb Thackeray) leader Sanjay Raut has moved a sessions court in Mumbai challenging his conviction and 15-day jail sentence in a defamation case filed by Bharatiya Janata Party (BJP) leader Kirit Somaiya's wife Medha, news agency PTI reported.
Judicial Magistrate (First Class) Aarti Kulkarni had on September 26 convicted Sanjay Raut for an offence committed under Indian Penal Code (IPC) section 500 (defamation). The Rajya Sabha Member of Parliament (MP) was sentenced to 15 days of jail term, and was asked to pay Rs 25,000 fine. The court, however, later suspended the sentence for 30 days, enabling him to challenge the order in the higher court, PTI reported.
His plea, challenging the magistrate's order, was listed for hearing in the sessions court on Thursday, but Sanjay Raut did not appear before the court. His lawyer, Manoj Pingale, told the court that he could not appear as he was busy with the Maharashtra Assembly election and pleaded that his bail be extended. The lawyer assured the court that Raut will remain present during the next hearing.
However, advocate Laxman Kanal, appearing for Medha, argued that the bail cannot be extended in the absence of a convicted person, reported PTI.
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The court will hear the matter on Friday.
In his revision application before the sessions court, the court said the magistrate's order was "bad in law and improper on facts and therefore the same is liable to be quashed and set aside".
Medha claimed that Raut had made false allegations against her in the online edition of Shiv Sena (UBT) mouthpiece 'Saamana'. However, while confirming the allegations in the court, she read a printed copy of the newspaper, and only the edited version of the entire news, the MP's plea said. In the entire news article, the applicant's name was not mentioned on the contrary, it added. Further, Raut's plea said the magistrate concluded that the accused admitted his work and responsibility at daily 'Saamana'. However, the Sena (UBT) leader claimed that he never admitted that the said news was edited, printed or published by him and that he only gives his opinion regarding the said news published in 'Saamana'.
Medha, in her complaint, filed in 2022, claimed that Raut had made baseless and completely defamatory allegations against her and her husband in the media, accusing them of being involved in a scam worth Rs 100 crore over the construction and maintenance of some public toilets under the jurisdiction of the Mira Bhayandar Municipal Corporation.
"The statement was printed, published and circulated to the general public at large through electronic and print media. It was also viral on social media platforms and was read and heard by the public at large," her plea stated.
"The statements made by the accused to the media are per se defamatory. The statements have been made to malign my character in the eyes of the general public," the complaint said.
The magistrate court, while convicting him, ruled that Medha is a well-qualified and reputed personality, and that her image was shattered owing to the defamation and "she has suffered mental agony".
The magistrate noted that Raut is an MP, and therefore, "a high degree of responsibility" is cast upon him while expressing in front of the public. "The accused made statements through the media against the complainant without due care and caution," it added.
(With PTI inputs)