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Informist, Monday, Sept. 30, 2024

 

NEW DELHI - The Supreme Court on Monday ordered staying the proceedings in a criminal defamation case against Delhi Chief Minister Atishi and Aam Aadmi Party National Convener Arvind Kejriwal, filed by a Bharatiya Janata Party leader. The AAP leaders had alleged that the Election Commission of India had deleted voters names from the electoral rolls on the direction of the BJP.

 

A two-judge bench of Justice Hrishikesh Roy and Justice S.V.N. Bhati also issued notice to complainant BJP leader Rajiv Babbar and the Delhi government, and stayed the proceedings in the trial court. 

 

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Kejriwal and Atishi, submitted that the defamation case had been filed by Babbar, as authorised representative of the BJP Delhi. He submitted that the BJP has not filed any complaint. "Babbar is not the person I have allegedly defamed," he submitted. Singhvi further submitted that comments made in the run-up to parliamentary election should be read as part of political discourse by the parties.

 

Kejriwal and Atishi approached the apex court against a Delhi High Court order refusing to quash the defamation against the AAP leaders.

 

Earlier on Sept. 2, the Delhi High Court had refused to quash the defamation case against Kejriwal and Atishi. The high court had said that in a democracy, citizens have the right to know truthful and correct information, but mud-slinging by political parties cannot be allowed. The court had observed that the remarks were made by the leaders to gain undue political mileage. Removing the stay on the proceedings, it had asked the parties to appear before the trial court on Oct. 3.

 

The court was hearing a petition by BJP leader Rajeev Babbar alleging that in 2018, Kejirwal, Atishi and other AAP leaders Sushil Kumar Gupta and Manoj Kumar had alleged that on the BJP's directions, the names of 3 mln voters from Bania, Poorvanchalli, and the Muslim community had been deleted by the Election Commission from Delhi's voter list. 

 

In 2019, a magistrate had issued summons to Kejriwal and others in the case, against which the leaders moved the sessions court. After the sessions court upheld the summons, the leaders moved the high court. End

 

Reported by Kuldeep Singh

Edited by Akul Nishant Akhoury

 

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