SENIOR ADVOCATE VIVEK TANKHA AGREES TO DROP DEFAMATION CASE AGAINST UNION MINISTER SHIVRAJ SINGH CHOUHAN:

The Supreme Court on Tuesday disposed of the criminal defamation case filed against Union Minister Shivraj Singh Chouhan by Congress MP and senior advocate Vivek Tankha, following an amicable settlement between the parties. A Bench comprising Justices M.M. Sundresh and N. Kotiswar Singh recorded the withdrawal of the proceedings by Tankha and formally closed the case pending before the Court.

Senior Advocate Mahesh Jethmalani, representing Chouhan, informed the Court that both parties had met at the Parliament and resolved the dispute amicably. As part of the settlement, Tankha agreed to withdraw both the civil defamation suit and the criminal complaint filed against Chouhan. The development effectively ended the litigation that had been ongoing since the alleged statements were made in December 2021.

The defamation cases arose from remarks attributed to Chouhan and others in connection with Supreme Court proceedings concerning OBC reservation in the Madhya Pradesh Panchayat elections, in which Tankha had appeared as counsel. Tankha contended that he was falsely portrayed as opposing OBC reservation, which he claimed damaged his reputation.

Earlier, the Madhya Pradesh High Court had declined to interfere with the criminal proceedings, noting that it was premature to discard the material placed by the complainant at the initial stage. The High Court emphasized that issues such as good faith and public interest, which fall under the exceptions to Section 499 of the Indian Penal Code, required a full trial to be properly evaluated. The Court further observed that the sufficiency and admissibility of evidence, including reliance on media reports, could only be assessed during trial proceedings, and that the Magistrate’s role at the stage of cognizance was limited to determining whether a prima facie case existed.

On November 11, 2024, the Supreme Court had also exempted Chouhan from a bailable warrant issued by the Magistrate in the criminal defamation case, subject to his participation in the proceedings. At that time, the Court had issued notice on Chouhan’s plea challenging the Madhya Pradesh High Court’s order, which had refused to quash the Magistrate’s decision taking cognizance of the complaint.

With the settlement now formalized and recorded before the Supreme Court, Tankha has officially withdrawn both the civil and criminal proceedings. The Court, noting the amicable resolution, disposed of the matter, effectively bringing an end to the litigation. The settlement reflects that both parties reached a mutual understanding without further judicial intervention, demonstrating a resolution through dialogue rather than prolonged trial.

The Supreme Court’s order underscores that disputes over alleged defamation, even involving public figures and matters of public interest, can be resolved through settlement. The closure of this case now allows both parties to move forward, with the criminal and civil complaints formally withdrawn and no further proceedings pending before any court in connection with the matter.