HC Refuses to Quash Proceedings Against Kejriwal, Others in Defamation Case by BJP Leader

The Delhi High Court refused to quash the proceedings against CM Arvind Kejriwal and other AAP leaders in a defamation case over their remarks about the alleged deletion of the names of 30 lakh voters belonging to some communities from electoral rolls in New Delhi.

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.

Justice Anoop Kumar Mendiratta dismissed the AAP leaders' plea 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.

Kejriwal and three others -- Aam Aadmi Party (AAP) former Rajya Sabha member Sushil Kumar Gupta and party leaders Manoj Kumar and Atishi -- 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 of the trial court does not call for any interference.

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 BJP 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 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.