Apology Is Only A Lip Service: Delhi HC Prepones Hearing Of Defamation Case By Amit Malviya Against Kolkata-Based Advocate Santanu Sinha

The Delhi High Court has allowed the early hearing application of BJP IT Cell Chief Amit Malviya in a defamation case filed against Kolkata-based Advocate Santanu Sinha.

The Writ Petition challenges the criminal defamation complaint filed by Malviya under Section 356 of the Bharatiya Nyaya Sanhita, 2023.

While allowing the application, the Single-Bench of Justice Jasmeet Singh said, "Issue notice. Mr. Chatterjee, learned counsel, accepts notice on behalf of the petitioner. For the reason stated, the present application is allowed and the date of hearing in the captioned petition is preponed from 04.03.2025 to 28.01.2025."

"This is an application seeking early hearing of the captioned petition on the ground that the petitioner has continued with the defamatory posts. It is stated by the learned counsel for the respondent no. 2 that the apology is only a lip service," the Court noted in its December 19 order.

Senior Advocates Rajiv Nayyar and Arvind Nayyar, along with Advocate Amit Mishra, appeared for Malviya. 

The Counsel for Sinha countered, claiming the post had been misconstrued, but the court deferred the decision on this argument to the main hearing.

The Court, after hearing arguments, allowed the application for early hearing and scheduled the case for further hearing on January 20, 2025.

The controversy stems from a Facebook post dated June 7, 2024, where Sinha allegedly accused Malviya of misconduct. Malviya, who holds a prominent public profile as the BJP IT Cell Chief and Co-In-Charge of the party's West Bengal chapter, claims the post contains defamatory, scandalous, and baseless allegations that have severely tarnished his reputation.

Malviya filed a criminal complaint before the Judicial Magistrate First Class (JMFC-03), Patiala House Courts, leading to summons being issued against Sinha on July 31, 2024. In response, Sinha filed a writ petition in the High Court seeking the quashing of the complaint and the order summoning him.

"The aforesaid defamatory, scandalous, false, and reckless statement made by the petitioner has been widely published, circulated, and read by the public at large, significantly diminishing the applicant’s dignity and reputation. Such scandalous and fabricated allegations were made with ulterior motives and wrongful intent to malign and tarnish the applicant’s image, specifically targeting and questioning his credibility in retaliation for his post addressing the national outrage over the assault. The post has also been reported by several media houses with wide readerships across India, further amplifying  its negative impact on the applicant’s reputation," the application reads. 

In his application, Malviya argues that the petitioner, Sinha, is intentionally delaying the trial by filing the writ petition. He highlights that:

1. Severe Damage to Reputation: The allegedly defamatory post continues to circulate widely in the public domain and has been amplified by national media coverage, causing irreparable harm to Malviya’s dignity and professional standing.

2. Unconditional Apology in Question: Malviya accuses Sinha of playing "hot and cold" by claiming before the High Court that he has issued an unconditional apology, while continuing to post defamatory content online.

3. Urgency of Proceedings: The current hearing date is far away, and Malviya argues that delaying the matter prejudices his interests, as the defamatory post remains accessible to the public.

Cause Title: Shantanu Sinha v. The State of NCT Delhi And Anr. [Crl. M.A. No. of 2024 In W.P. (CRL) NO. 3616/2024]

Appearance:-

Petitioner: Advocate Swanendu Chatterjee

Respondent: Advocate Yasir Rauf Ansari (ASC), Senior Advocates Rajiv Nayar, Arvind Nayar, Advocates Amit Mishra, Mitakshara, Siddhartha, Ayush Anand

Click here to read/download the Order