The Supreme Court on Monday stayed the criminal proceedings against Arvind Kejriwal and Delhi chief minister Atishi in the ongoing defamation case filed against them.
In its order dated September 2, the high court refused to stay the proceedings against Kejriwal and Atishi for the defamation case registered against them for the 2018 remark. The AAP leaders had alleged deletion of names in the Delhi voter list by the Bharatiya Janata Party (BJP).
The apex court issued notice on the petition filed by Kejriwal and Atishi and agreed to consider whether defamation law can curb speeches made in course of political discourse when Constitution guarantees freedom of speech and expression under Article 19(1)(a).
Further, the court issued a notice to the Delhi government and BJP leader Rajiv Babbar on the plea submittted by Kejriwal and Atishi, challenging the high court order refusing the quash the case against them. A bench of Justices Hrishikesh Roy and SVN Bhatti stayed the proceedings in the trial court on Monday.
Senior advocate Abhishek Singhvi, appearing for Atishi and Kejriwal, submitted that the defamation case has been filed by Babbar, as authorised representative of BJP Delhi. "BJP, neither central nor Delhi, has not filed any complaint. Babbar is not the person I have allegedly defamed," he submitted.
Read more: Kejriwal seeking accommodation in New Delhi, says Atishi
{{/usCountry}}Senior advocate Abhishek Singhvi, appearing for Atishi and Kejriwal, submitted that the defamation case has been filed by Babbar, as authorised representative of BJP Delhi. "BJP, neither central nor Delhi, has not filed any complaint. Babbar is not the person I have allegedly defamed," he submitted.
Read more: Kejriwal seeking accommodation in New Delhi, says Atishi
{{/usCountry}}Atishi and Kejriwal had challenged the Delhi HC order dated September 2, which refused the quash the case against them over the remarks on alleged deletion of names from the voter list, saying the imputations prima facie lowered the reputation of the BJP.
The high court had said the imputations were prima facie defamatory with an intention of vilifying the Bharatiya Janata Party (BJP) and gaining undue political mileage.
Apart from Atishi and Kejriwal, the other AAP leaders named in the case are former Rajya Sabha member Sushil Kumar Gupta and party leader Manoj Kumar.
The case against the AAP leaders was filed by Babbar, who had alleged that the party held a press conference in 2018 where they alleged that on the orders of the BJP, the Election Commission of India deleted names of around 30 lakh voters from Bania, Poorvanchali and the Muslim community from the voter list of Delhi.
(With inputs from PTI)