Criminal Defamation: Delhi Court summons Bajrang Punia for accusing wrestling coach of rape with ‘malicious intent’

On August 3, a Delhi Court issued a summons to wrestler Bajrang Punia in a criminal defamation case concerning his alleged remarks against wrestling coach Naresh Dahiya during wrestler’s protest related to sexual harassment allegations against BJP MP Brij Bhushan Singh. The accused had claimed that the complainant had no credibility to oppose the protests as he was facing a rape case even though Dahiya was acquitted in the case in 2019.

“On a consideration of the complaint, supporting documents and pre­summoning evidence, I am of the prima facie view that all the ingredients of defamation are made out. It appears that the statement made in the press conference was a result of malicious intent and was not made in good faith. In view of the same, let accused, namely, Bajrang Punia be summoned for the commission of offence punishable under Section 499 read with Section 500 of the Indian Penal Code,” Patiala House Court’s Metropolitan Magistrate Yashdeep Chahal said.

The complainant submitted that the accused, along with other wrestlers, was participating in a protest against Brij Bhushan Singh, alleging sexual harassment of women wrestlers against him. On May 10, the accused held a press conference wherein he made allegedly defamatory remarks against wrestling coach Naresh Dahiya. The video recording of the said press conference has been placed on record before the court.

“The relevant extracts reveal that the accused had made a reference about a rape case ongoing against the complainant in Tis Hazari Court. The accused referred to the complainant by name and stated that the complainant has no credibility to oppose the protest as he was himself facing a rape case. In the pre­summoning evidence, CW­1 has categorically deposed that he was acquitted in the said rape case in 2019 itself and the said fact was well known to the accused as well, who is a part of the same fraternity,” the court noted.

The complainant also examined witnesses who have submitted that the complainant’s reputation has faced a “serious assault” due to Punia’s press conference. The complainant further submitted that many of his students who were practising in the complainant’s Akhara had left the coaching centre.

The complainant’s counsel argued that Dahiya’s acquittal was well known and Bajrang Punia made a “malicious attack” to tarnish the reputation and credibility of the complainant for the sole reason of dissuading him from supporting the Brij Bhushan in the protest.

Based on the evidence, the court held that prima facie the accused wrestler made the defamatory remarks against wrestling coach Naresh Dahiya with malicious intent and not in good faith. The court noted that the ingredients of defamation are made out, and thus, summoned Bajrang Punia for the commission of an offence punishable u/s 499 r/w 500 of the Indian Penal Code (IPC).