Mumbai Sessions Court Overturns Conviction of Shiv Sena MP Sanjay Raut in Defamation Case
In a significant legal development, a sessions court in Mumbai on Thursday allowed an appeal filed by Shiv Sena (UBT) Member of Parliament Sanjay Raut, thereby acquitting him in a defamation case initiated by professor Medha Somaiya, who is the wife of Bharatiya Janata Party leader Kirit Somaiya. This ruling effectively sets aside the earlier conviction and sentence imposed by a magistrate.
Background of the Case and Initial Conviction
In 2024, magistrate Aarti A. Kulkarni found Sanjay Raut guilty of defamation and sentenced him to 15 days of simple imprisonment. The magistrate determined that Raut, serving as the Executive Editor of Shiv Sena (UBT)'s mouthpiece 'Samna', had made statements through the media against Medha Somaiya on April 15, 2022, and subsequently, without exercising due care and caution. These statements were printed, published, and circulated across electronic and print media, leading to the complaint.
The magistrate emphasized that Raut, despite being aware that the complainant could be defamed, failed to take proper precautions and issued defamatory remarks. Following the conviction, the sentence was suspended for 30 days, and Raut was granted bail, allowing him to file an appeal through his advocate, Manoj Pingale.
Grounds for Appeal and Court's Decision
In his appeal, Raut argued that the magistrate's order was flawed on multiple fronts. He contended that the reasons provided and conclusions reached were not only legally unsound and factually improper but also unsustainable based on principles of equality and good conscience. The plea explicitly stated, "Therefore, the impugned judgment of conviction and sentence is liable to be quashed and set aside."
Additionally, Raut maintained that he respected Medha Somaiya's profession as a professor and harbored no personal grudges against her. He defended his actions by asserting that the allegations were based on letters from MLA Pratap Sarnaik and Corporator Pravin Patil, and he had the right to publish news concerning illegal and corrupt activities.
Complainant's Response and Legal Proceedings
Medha Somaiya's complaint alleged that Raut's statements were malicious and unwarranted, causing harm to her reputation. Her advocates, Vivekanand Gupta and Laxman Kanal, indicated their intention to file an appeal in the Bombay High Court following the sessions court's decision to acquit Raut. They plan to challenge the acquittal and seek further legal recourse.
The magistrate had previously noted that mere correspondence and applications suggesting an inquiry did not substantiate claims of fraud or illegal activity by Medha Somaiya. This point was highlighted in the initial judgment but was ultimately overruled by the sessions court in favor of Raut's appeal.
Implications and Future Legal Steps
This case underscores the complexities of defamation laws in India, particularly involving political figures and media publications. The acquittal of Sanjay Raut marks a pivotal moment, potentially influencing how similar cases are adjudicated in the future. It also reflects the ongoing legal battles between political parties, with the Shiv Sena (UBT) and BJP at the center of this dispute.
As the legal process continues, all parties involved are expected to pursue further appeals, ensuring that this case remains a focal point in Mumbai's judicial landscape. The outcome may have broader implications for freedom of speech and the boundaries of defamation in the context of political discourse.
