A Delhi court on Wednesday refused to allow Union finance minister Nirmala Sitharaman's application seeking directions to restrain Aam Aadmi Party leader Somnath Bharti from appearing for his wife in a defamation case.
Bharti's wife, Lipika Mitra, had filed a criminal complaint against Sitharaman accusing her of defamation.
Additional chief judicial magistrate Paras Dalal was hearing Sitharaman's plea seeking directions that Bharti withdraw his vakalatnama.
"This court finds no bar to spouse prosecuting for or defending his/ her spouse. There is no bar to even claim for maximum possible punishment or compensation, even when spouse is defending or prosecuting for his/ her spouse.
'In law, the husband and wife are two separate natural person and their pecuniary interests may be different,' the court said rejecting the plea.
It said that upon a specific query, the complainant side undertook that Bharti was not in the list of witnesses and there was no intention to call him in the witness box.
'The defence, however, has argued that situation may arise that he may call Somnath Bharti in the witness box, since averments qua his reputation have been made in the complainant,' the court said.
It, however, said the decision to withdraw the vakalatnama had to be taken by Bharti.
'This court sees no ground to determine his vakalatnama at this stage. In case of specific violation of any rule by any of the counsel for either party, this court can always write to the Bar Council of India or Bar Council of Delhi for necessary information and action, if any,' the court said.
The complaint had claimed that Sitharaman made 'defamatory, false, and malicious statements' in a press conference on May 17, 2024 with the sole intention to tarnish the reputation of Bharti and weaken his chances of winning in general elections.
According to the complaint, the utterances were made 'solely with an intent to hurt the complainant and her husband' for political gains to Bharatiya Janata Party's candidate and political loss to the complainant's husband during 2024 Lok Sabha elections.
The accused, it said, spoke about the matrimonial discord of the complainant and her husband but withheld the information of their reunion and living together happily.