The Delhi High Court on Tuesday directed Delhi Chief Minister Atishi to respond to a petition filed by BJP leader Praveen Shankar Kapoor, challenging a special court’s decision to quash the summons issued against her in a defamation case.

Justice Vikas Mahajan issued a notice to Atishi on Kapoor's appeal, which contests the order passed by Special MP/MLA Judge Vishal Gogne. Judge Gogne had previously dismissed Kapoor's complaint, which accused Aam Aadmi Party (AAP) leaders, including Atishi, of defamation for alleging that the BJP was attempting to bribe AAP MLAs to switch allegiances.

The judge criticized the complaint, stating that it seemed like an attempt by a major party such as the BJP to silence a smaller party like AAP through defamation, which was not acceptable.

Kapoor's complaint centered on statements made by AAP leaders, which claimed that the BJP was offering bribes to AAP MLAs in exchange for their defection. On May 28, 2024, an Additional Chief Metropolitan Magistrate (ACMM) issued summons to Atishi based on the complaint. Atishi then moved the special court against the summons.

On January 28, 2025, Special Judge Gogne quashed the summons, ruling that the ACMM’s order contained material errors and was flawed. The judge remarked that courts should not engage in actions that could destabilize the democratic balance between political parties. He stressed that defamation suits filed by non-aggrieved parties should not infringe upon citizens’ right to freedom of speech or the right to vote.

Further, Judge Gogne expressed that the complaint, filed by the BJP leader, was an attempt to suppress free speech and thwart a criminal investigation. He stated that large political parties should embrace alternative political narratives and avoid using defamation to undermine smaller voices.

The complaint, according to the judge, was an effort to stop a criminal probe and stifle free expression. He also clarified that if Atishi's allegations were supported by evidence, they would be examined by investigation authorities. However, the allegations were political in nature and better suited for electoral discourse than for courtroom proceedings.

This ruling led Kapoor to file the present appeal before the High Court.

During the High Court proceedings, Senior Advocate Ajay Burman, representing Kapoor, contended that neither Atishi nor Chief Minister Arvind Kejriwal had provided any substantial evidence to back the allegations. Burman argued that the defamation claim lacked merit, labeling Atishi’s statements as baseless and politically motivated.

Burman further pointed out that the special court had improperly requested a status report in revisional proceedings, overstepping its jurisdiction. He argued that once a summoning order is issued, it indicates that a prima facie case has been made out, and the High Court should not revisit these matters in the revision stage. Burman emphasized that the court should only assess whether the summoning order was appropriate based on prima facie defamation, without delving into political issues or free speech rights.

After hearing the arguments, the High Court issued a notice to Atishi and scheduled the next hearing for April 30, 2025.