The Delhi High Court has dismissed two pleas filed by TV Today Network, the parent company of Aaj Tak, seeking to quash criminal defamation proceedings initiated by BJP leader Ramesh Bidhuri and his nephew Rajpal Poswal. The defamation suits stem from a 2011 televised report that allegedly linked them to an accused in a gang rape and abduction case.
Back in 2011, Aaj Tak aired a segment about a criminal case involving one Sunny, describing him as the brother-in-law of Poswal. At the time, Bidhuri was serving as an MLA from Tughlakabad. The broadcast suggested political interference in the matter, a claim Bidhuri vehemently denied—asserting it tarnished his image by implying undue influence was being used to shield the accused.
Following their complaints, a Magistrate issued summons in 2014. The network later sought discharge, arguing that its reporting was done in good faith and for public interest. However, in 2018, the Magistrate rejected the plea, holding that he had no authority to discharge accused persons in summons triable cases.
Justice Ravinder Dudeja upheld this reasoning, observing that once a court takes cognizance and issues summons, it cannot later retract the order through a discharge plea. He held that the 2018 order did not suffer from any legal flaw, adding that TV Today’s decision not to challenge the 2014 summoning order further weakened its case.
The Court agreed with Bidhuri’s contention that the network’s attempt to seek discharge without first contesting the summons was legally untenable. It also rejected the argument that the Magistrate had inherent powers under Section 251 of the Code of Criminal Procedure (CrPC) to recall the summons, clarifying that the provision merely requires explaining the charges to the accused and does not permit a reassessment of evidence.
Justice Dudeja concluded that the petitions held “no merit” and dismissed them along with all pending applications.
TV Today was represented by advocates Hrishikesh Baruah, Utkarsh Dwivedi, and Kumar Kshitij. Senior Advocate Kirti Uppal, assisted by Amit Tiwari, Shekhar, Aditya Raj, Ayushi Srivastava, and Ayush Tanwar, appeared for Bidhuri and Poswal.
