The Supreme Court on Monday stayed the issuance of bailable warrant against Union Agriculture Minister Shivraj Singh Chauhan and two other BJP leaders in a defamation case filed by Congress Rajya Sabha MP Vivek Tankha.

The bench sought a response from Congress MP Vivek Tankha

A bench of Justices Hrishikesh Roy and SVN Bhatti sought a response from Congress MP Vivek Tankha on the petition of Shivraj Singh Chauhan and others challenging the October 25 order of the Madhya Pradesh High Court refusing to quash the defamation case. The bench said, the execution of the bailable warrant against the petitioners will not be subject to their effective participation in the proceedings before the court in the case.

Senior advocate Mahesh Jethmalani, appearing for Shivraj Singh Chauhan and others, said that the alleged statements mentioned in the complaint by Congress MP Vivek Tankha were made on the floor of the House and fall under Article 194 (2) of the Constitution. Article 194 (2) states, no member of a State Legislature shall be liable to any proceedings in any Court in respect of anything said or any vote given in the Legislature or any Committee thereof, and no person shall be so liable in respect of the publication of any report, paper, vote or proceeding by or under the authority of either House of such Legislature.

The High Court had refused to dismiss the defamation case

Advocate Mahesh Jethmalani said that it is not heard that a bailable warrant has been issued by the court in a summons case, while the parties can appear through their lawyers. On October 25, the High Court had refused to dismiss the defamation case filed by Vivek Tankha against former Madhya Pradesh Chief Minister Chouhan, BJP state president VD Sharma and former minister Bhupendra Singh.