BJP leader Kirit Somaiya withdraws plea in defamation case against him

“The counsel for the petitioner states that he has directly approached this court. He states that liberty may be granted to the petitioner to approach the court by filing a revision application to challenge the order of issuance of process, said Justice Sarang Kotwal.

Granting Somaiya the liberty to approach a sessions court, the single-judge bench noted, “If the question of limitation is raised, the Revisional Court shall take into account the fact that the petitioner was pursuing the present writ petition before this court.”

The Law of limitation prescribes a time period within which a right to approach the higher court is prescribed.

Advocates representing the NSEL were also present to oppose the petition.

In the petition, Somaiya had claimed that there was a Rs 5,600 scam involving NSEL and its embattled businessman Jignesh Shah.

Shah, who went on to be known as ‘India’s Exchange Man’ for successfully launching 14 exchanges across six continents, including MCX in 2003, has been fighting a prolonged legal battle on multiple fronts ever since the NSEL crisis broke out in 2013.

COMPLAINT AGAINST KIRIT SOMAIYA

In 2017, NSEL filed a defamation complaint against Kirit Somaiya under sections 499 and 500 of Indian Penal Code.

On May 30, 2023, the Andheri Magistrate’s court summoned Somaiya. His plea stated that he had been “unnecessarily roped in” and was seeking quashing of the complaint.

Somaiya’s plea stated that his complaint had led to definite action by “investigating agencies and therefore such complaints were genuine and disclosed sufficient material cause leading to such investigations.”

NSEL is still under investigation and so cannot itself claim that they are absolved in any manner of wrongdoing and now pursue criminal action against one of the complainants, said the ex-MP’s plea.

The next hearing will take place on September 5