Kirit Somaiya’s wife suffered mental agony: Mumbai court in Sanjay Raut verdict

Holding that BJP leader Kirit Somaiya’s wife, Medha Somaiya, was a well-qualified and reputed individual, and that defamation by Shiv Sena (UBT) leader Sanjay Raut had “shattered her image and caused her mental agony,” a Magistrate court in Mumbai recently convicted and sentenced the Rajya Sabha MP to 15 days of simple imprisonment.
The detailed order with reasoning was made available on Thursday. In the order, the Magistrate stated that since Raut was a Member of Parliament when he made the defamatory statements about Somaiya, a “high degree of responsibility is cast upon him while speaking in front of the public at large, especially while making such statements.”
Explaining why Raut could not be released on probation but had to be sentenced to 15 days of imprisonment, the Magistrate noted, “The accused (Raut) made statements through media against the complainant (Somaiya) without due care and caution. Despite knowing that the complainant could be defamed, he did not exercise due care and caution and made defamatory statements which were published. Therefore, it would not be just to give the benefit of probation to the accused.”
The Magistrate further stated that, considering the mental agony Somaiya had to endure due to the defamatory statements, it would be just and proper to impose a 15-day simple imprisonment sentence along with a fine of Rs 25,000 on Raut for the offence committed.
This amount would be given to Somaiya after the appeal period is over.
Following the sentencing, Raut’s lawyer sought suspension of the sentence to enable him to appeal in the Mumbai Sessions Court. The magistrate agreed, and Raut has 30 days to file an appeal.
Medha Somaiya is a professor of Organic Chemistry at Ruia College in Mumbai. She sought action against Raut under sections 499 (making or publishing any imputation) and 500 (defamation) for his allegations of a Rs 100 crore toilet scam carried out by her and her NGO, Yuva Pratishthan.
Somaiya’s complaint, filed through advocate Vivekanand Gupta, stated that around April 15, 2022, and thereafter, Raut made malicious, unwarranted, and mischievous statements in the media against her. These statements were printed, published, and circulated to the general public at large through electronic and print media. The complaint further noted that the malicious statements went viral on social media platforms on the same day and were read and heard by the public at large.