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HC stays Sushil Kumar Modi's arrest

The Delhi HC stayed the bailable arrest warrant issued by a trial court against Bihar Deputy Chief Minister Sushil Kumar Modi in connection with a defamation case.

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NEW DELHI: The Delhi High Court on Wednesday stayed the bailable arrest warrant issued by a trial court against Bihar Deputy Chief Minister Sushil Kumar Modi in connection with a defamation case.

Vacation judge Justice R S Sodhi while staying the arrest warrant posted the matter for further hearing to July 24.

The arrest warrant was stayed on an application moved by Modi through counsels Nilesh Sahini and Prem Kumar wherein the Deputy Chief Minister contended that the warrant was issued by the trial judge without proper application of mind.

The Metropolitan Magistrate, Delhi had on June 6, issued the warrant against Modi after the latter failed to appear before the court in a defamation case filed by Delhi-based economist Mohan Guruswamy.

However, Modi's counsels contended that no notice for appearance on the said date or listing of the case was made known to them; besides an application seeking his personal exemption was already pending with the Magistrate.

Modi had sought personal exemption from appearing in the case on the ground that as the State's Deputy Chief Minister and holding the additional portfolio of the Finance Ministry he was saddled with vast responsibilities and hence expressed inability to attend the trial proceedings.

He pleaded for exemption from personal appearance under Section 205 and 317 of the CrPC.

Guruswamy had earlier filed a defamation suit against Modi who he alleged made certain defamatory statements against him during the 2004 Bihar Assembly elections. 

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