Why prosecution should continue when Tejashwi Yadav has withdrawn the statement: SC

A bench of Justices A S Oka and Ujjal Bhuyan posted the hearing on the case against Bihar Deputy Chief Minister Tejashwi Yadav's alleged "only Gujaratis can be thugs" remark to January 29.

New Delhi:The Supreme Court Monday said why should the prosecution of Bihar Deputy Chief Minister Tejashwi Yadav, continue when he has withdrawn the statement, while adjourning till January 29 hearing on Yadav's petition seeking transfer of the criminal defamation complaint pending against him in an Ahmedabad court to a place outside the state, preferably Delhi.

The case was regarding his alleged "only Gujaratis can be thugs" remark. A bench of Justices A S Oka and Ujjal Bhuyan said, "Why should the prosecution continue when he has withdrawn the statement?”

The matter was deferred after the counsel for the complainant sought time. “You seek instructions otherwise we will exercise powers under Article 142,” the bench said.

The top court, in its order, said the counsel for the respondent seeks time to seek instructions on statement filed by the petitioner (Yadav) on January 19, and scheduled the matter for further hearing on January 29.

The complaint against Yadav was filed under sections 499 and 500 of the Indian Penal Code (IPC) for alleged criminal defamation.

The Supreme Court passed the order while hearing the RJD leader's plea. The apex court had earlier stayed the proceedings in the criminal defamation complaint and issued notice to the Gujarat resident, Haresh Mehta, a local businessman and activist, who has filed it.

In August last year, a Gujarat court had conducted a preliminary enquiry against Yadav under section 202 of the Code of Criminal Procedure and found sufficient grounds to summon him on the complaint filed by Mehta.

Mehta claimed that Yadav, while talking to the media in Patna in March last year, had said, “Only Gujaratis can be thugs in the present situation, and their fraud will be forgiven." "Who will be responsible if they run away with the money belonging to the LIC or banks?” the Bihar Deputy CM had allegedly asked.