SC stays trial against Kejriwal in 2014 election speech case

Delhi chief minister and Aam Aadmi Party leader Arvind Kejriwal had approached the Supreme Court apprehending arrest in the eight-year-old case

New Delhi: The Supreme Court on Friday stayed criminal proceedings against Delhi chief minister Arvind Kejriwal in a poll code violation case pending in an Uttar Pradesh court in connection with an election speech made during the run-up to the 2014 Lok Sabha polls.

Delhi chief minister Arvind Kejriwal. (File Photo)

A bench of justices KM Joseph and BV Nagarathna issued a notice to the UP government and said, “There will be stay on the proceedings till the next date of hearing.” The matter will be taken up after five weeks. Kejriwal had approached the SC, apprehending arrest in the eight-year-old case after his petition to be discharged as an accused was dismissed by the Allahabad HC on January 16.

UP Police registered a case against Kejriwal in connection with a speech delivered by him at a rally on May 2, 2014, in Aurangabad, where he ostensibly said that those who vote for Congress, will be considered “gaddar” (traitors) while those who vote for Bharatiya Janata Party (BJP) will not be spared by “khuda” (God).

The case was registered under Section 125 of the Representation of Peoples Act, which says, “Any person who, in connection with an election... promotes or attempts to promote on grounds of religion, race, caste, community, or language, feeling of enmity of hatred ... shall be punishable with imprisonment...”

Senior advocate Abhishek Manu Singhvi, appearing for Kejriwal, told SC there is admittedly no video recording or transcript of the speech. He added in the past eight years, not a single member of the public has suggested any disharmony or hatred due to this statement. At the time, Kejriwal not the Delhi CM.

“Why do you have to bring in God. In a secular country, leave God alone. He (God) can take care of himself,” the bench remarked.

It admitted that sometimes during campaigning, unintentional things are said but clarified that the words used by the petitioner were “khuda” which refers to God, and not to a god of a particular religion.

Kejriwal, in his petition, said, “Merely mentioning God cannot amount to promoting enmity and hatred” among citizens.