Court hands Raut 15-day jail term in defamation case; he says made scapegoat ahead of polls

Mumbai | A magistrate's court in Mumbai on Thursday sentenced Shiv Sena (UBT) leader Sanjay Raut to 15-day simple imprisonment after convicting him in a defamation case filed by Maharashtra BJP leader Kirit Somaiya's wife Medha more than two years ago.

However, the court later suspended the sentence for 30 days and granted him bail.

Raut (62) was convicted by Judicial Magistrate (First Class) Aarti Kulkarni for an offence committed under IPC section 500 (punishment for defamation).

Besides handing jail sentence, the court also imposed a fine of Rs 25,000 on the Rajya Sabha MP.

After the magistrate pronounced the verdict, Raut's lawyer filed two pleas - one for suspension of the sentence to enable his client to appeal against the ruling in a higher court and the other for granting him bail. The JMFC allowed both the pleas.

Medha Somaiya, in a complaint filed through advocate Vivekanand Gupta, in 2022 claimed Raut had made baseless and defamatory allegations against her and husband in the media, accusing them of being involved in a Rs 100-crore "scam" related to the construction and maintenance of public toilets under the jurisdiction of the Mira-Bhayander Municipal Corporation on Mumbai's outskirts.

The Shiv Sena (UBT) leader's statements were printed, published and circulated to the general public at large through electronic and print media. They also went viral on social media platforms and were read and heard by people at large, according to the complaint.

"The statements made by the accused (Raut) to the media are per se defamatory. The statements have been made to malign my character in the eyes of the general public," Medha Somaiya had stated.

During arguments on the complaint, Advocate Gupta told the court Raut was "almost a habitual offender" as there were other defamation cases, too, pending against him.

It was not the first time that such baseless allegations were made by the Rajya Sabha member against a woman, he pointed out.

Another woman has also filed a complaint against Raut, Gupta maintained and added that when a lady is defamed it also entails character assassination.

The lawyer said they had sought two years' prison sentence for Raut during arguments on the quantum of punishment.

Advocate Manoj Pingale, appearing for Raut, pleaded for minimum sentence, contending the statements made by his client were in "public interest".

The court, after hearing both sides, sentenced the Sena (UBT) leader to 15-day simple jail term.

Reacting to the verdict, Raut, a bitter critic of the BJP, claimed he has been made a scapegoat and asserted he would challenge the judgment in a higher court.

Talking to reporters, Raut asked how people like him who raise voice against corruption and other issues would get justice when the prime minister visits the residence of the Chief Justice of India to eat “modak” (a sweet dumpling usually offered to Lord Ganesh).

He was referring to Prime Minister Narendra Modi’s visit to CJI D Y Chandrachud’s New Delhi residence during the Ganesh festival earlier this month, which had drawn criticism from opposition parties.

“I have been made a scapegoat because of the impending assembly elections in Maharashtra,” said the parliamentarian.

The Sena (UBT) leader said he had pointed out that some work had taken place in Mira Bhayander through Yuvak Pratisthan, an organisation linked to Kirit Somaiya, and there were irregularities in it.

Even Shiv Sena MLA Pratap Sarnaik had demanded a probe into the matter and there was some discussion on it in the state assembly, claimed Raut.

“If I said this then how have I defamed anyone? Everything is on record. There is also a Mira Bhayander Municipal Corporation report. I have only asked questions about whether there is corruption.

“But the entire judiciary in the country is influenced by the RSS (‘sanghikaran’), right from top to bottom. I will appeal in the sessions court and tell the people how we are wronged,” the opposition MP insisted.

An elated Kirit Somaiya hailed justice in the case, but said police had refused to accept his wife's complaint against Raut under pressure from the then-MVA government led by Uddhav Thackeray, who heads the Shiv Sena (UBT).

"We had to approach the court to get our a case registered, and after 28 months, we got justice," the former Lok Sabha MP said while speaking to reporters along with his wife after the ruling.

"Uddhav Thackeray was the chief minister when Sanjay Raut levelled allegations of Rs 100-crore corruption against me and my wife, who runs Yuvak Pratishthan (an NGO associated with sanitation and other projects). The original tender amount (for toilet construction) was Rs 3.61 crore," he said.

"We tried filing a police complaint against Raut, but it was not accepted because of Thackeray's pressure. We approached a local court (in Mumbai) on May 18, 2022, and today, it gave its judgement," Kirit Somaiya added.

The BJP leader maintained the Rajya Sabha member levelled 27 different allegations against him and his family between February and July 2022, but never produced a single piece of document to support them.

Medha Somaiya made it clear she and her husband will not tolerate baseless allegations against them.

"This case against Raut would set an example for society. If someone tries to tarnish me or my organisation, I will stand up against him," she asserted.