HC refuses to quash proceedings against Kejriwal

The Delhi high court on Monday refused to quash the proceedings against Chief Minister Arvind Kejriwal and other Aam Aadmi Party leaders in a defamation case over their remarks about alleged deletion of the names of 30 lakh voters belonging to some communities from electoral rolls in the national capital.

The high court said the imputations in the present case were prima facie defamatory with an intention of vilifying Bharatiya Janata Party and gaining undue political mileage.

Justice Anoop Kumar Mendiratta dismissed the plea by Kejriwal and three others -- AAP former Rajya Sabha member Sushil Kumar Gupta, Minister of Education Atishi and party leader Manoj Kumar -- challenging the defamation proceedings before the trial court.

The high court, which had on February 28, 2020 stayed the proceedings before the trial court, vacated the interim order and asked the parties to appear before the trial court on October 3.

It said a political party cannot be allowed to engage in mud-slinging and making mischievous, false and defamatory imputations against rival political parties.

Under the constitutional schemes, the citizens have a right to know truthful and correct information in order to form an appropriate opinion about the social processes.

However, at the same time, a political party cannot be permitted to sponsor the print media for political purposes, thereby slinging mud and making mischievous, false and defamatory imputations on the rival political parties, the high court said.

It further said, The imputations in the present case are prima facie defamatory with an intention of vilifying BJP and gaining undue political mileage by attributing that BJP was responsible for deletion of names of about 30 lakh voters belonging to particular communities .

The AAP leaders had challenged a sessions court order which upheld a magisterial court's decision to summon them as accused in the complaint filed by BJP leader Rajeev Babbar.

The high court, while pronouncing its order, said the summoning order passed by the trial court for the commission of offences under section 499 (offence of defamation) and 500 (punishment for the offence of defamation) of the Indian Penal Code does not call for any interference.

It said the defence taken by the petitioner AAP leaders that the imputations were bona fide and in public good needs to be proved and established during the course of the trial.

The AAP leaders had sought the quashing of the magisterial court's March 15, 2019 and sessions court's January 28, 2020 orders.

Babbar, who moved the defamation complaint on behalf of the party's Delhi unit, had sought action against them for 'harming' the reputation of the BJP by blaming it for the deletion of the names of voters from electoral rolls.

He had claimed that the AAP leaders, during a press conference held in December 2018, alleged that on the directions of the Bharatiya Janata Party the names of 30 lakh voters from Bania, Poorvanchali and the Muslim community were deleted by the Election Commission.

Kejriwal and others had claimed that the trial court failed to appreciate that no offence, whether of defamation or otherwise, was made out against them.

The trial courts failed to appreciate that the AAP leaders did not make or publish any statement against Babbar or his party as alleged by him, the plea in the high court claimed.