HC refuses to quash case against Kejriwal

New Delhi : The Delhi High Court on Monday refused to quash the proceedings against Chief Minister Arvind Kejriwal and other AAP 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 (BJP) and gaining undue political mileage.

Justice Anoop Kumar Mendiratta dismissed the plea by Kejriwal and three others -- Aam Aadmi Party (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.