Metropolitan Magistrate Navjeet Budhiraja made it clear to the counsel appearing for the Delhi Chief Minister that he should ensure her presence on the next date of hearing or else the case will be dismissed, saying she has not appeared before the court since recording of her evidence on May 30.
"Considering the fact that complainant has not appeared since recording of her statement against Gupta, therefore, she is directed to appear in person otherwise the case of the complainant (Dikshit) shall be dismissed," the magistrate said.
Dikshit's counsel, Mehmood Pracha submitted that the complainant was following the Delhi High Court's direction that she could take exemption from personal appearance on valid grounds by moving appropriate application.
He also said, "Today we are seeking exemption as she is busy in performing her duties as a public servant."
Brushing aside the submission, the court said, "She (Dikshit) is also like other complainants who have lodged complaints against an accused, so she needs to appear before the court.
"If she seeks regular exemption then you will only face delay in the case being decided," the court added while directing Dikshit to appear on November 9.
The counsel for Gupta, Ajay Verman, Ajay Digpaul and Neeraj Kumar opposed the Delhi Chief Minister's application for exemption from personal appearance, saying, "For every hearing, she is seeking exemption since filing of the case. She in her application has not mentioned any valid ground for her absence."
Dikshit had filed the criminal defamation case against Gupta alleging that the BJP leader used "uncivilised" language against her before the April 15 MCD polls.
