The Delhi deputy chief minister had moved the trial court against BJP MPs Manoj Tiwari, Hans Raj Hans and Pravesh Verma; MLAs Manjinder Singh Sirsa and Vijender Gupta; and spokesperson Harish Khurana for allegedly making corruption charges against him in relation to government school classrooms. The Delhi High Court on Thursday stayed the trial court proceedings against BJP leaders Hans Raj Hans and Manjinder Singh Sirsa in a criminal defamation case lodged by Deputy Chief Minister Manish Sisodia. While issuing a notice to Sisodia on pleas moved by both Hans and Sirsa, a single-judge bench of Justice Dinesh Kumar Sharma said, “In the meantime, proceedings be stayed qua the present petitioners”. It was submitted that the matter before the trial court is listed for Friday for “framing of issues”. The high court thereafter listed the main pleas as well as the interim applications seeking a stay on the proceedings for hearing on March 10. The BJP leaders have challenged a November 28, 2019, summoning order issued by an additional chief metropolitan magistrate. Hans was summoned for offences under Section 500 (defamation) and 34 (common intention) and Sirsa for the offence under Section 500 of the Indian Penal Code. The counsel appearing for the BJP leaders—senior advocate Kirti Uppal for Hans and advocate Pawan Narang for Sirsa—argued that one of the summoned people, BJP MLA Vijender Gupta, had moved the Supreme Court against the summoning order and that the apex court on October 17, 2022, set aside the order with respect to Gupta. Uppal also informed the court that a plea filed by BJP MP Manoj Tiwari was dismissed by the Supreme Court. It was on the interplay of Section 199(2) and 199(6) of the Code of Criminal Procedure, which provides a special procedure with regard to the initiation of prosecution for defamation committed against constitutional functionaries and public servants.

The leaders submitted that they had moved an application for discharge before the additional chief metropolitan magistrate. However, it was dismissed by the trial court on December 23, 2022. “It has been submitted that qua one of the summoned persons (Gupta), the Supreme Court returned a finding that his tweet does not amount to defamation and therefore the case of the petitioners also needs deliberation and re-examination,” the court said. Sisodia moved the trial court in 2019 against BJP leaders—members of Parliament Tiwari, Hans and Pravesh Verma; MLAs Sirsa and Gupta; and spokesperson Harish Khurana—for allegedly making corruption charges against him in relation to government school classrooms. The AAP leader stated that all the allegations made by the BJP leaders jointly and individually were false, defamatory and derogatory with an intention to damage his reputation and goodwill.