New Delhi: The Supreme Court on Monday put on hold proceedings in a criminal defamation case filed against Delhi Chief Minister (CM) Atishi and former CM Arvind Kejriwal in connection with remarks on the alleged deletion of voters' names from electoral rolls in the national capital.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti noted that in the country, freedom of speech is a fundamental right guaranteed under Art 19(1)(a) of the Constitution and the threshold limit of speeches in the course of political discourse has to be placed at a higher threshold.
The apex court sought the response of the Delhi Police and the complainant, Bharatiya Janata Party (BJP) leader Rajiv Babbar, in the matter. The bench said, “In other words, the threshold for criminal defamation is to be taken at a higher threshold level for discourse amongst political persons and political parties...Issue notice, returnable in 4 weeks. Further proceedings pursuant to the impugned judgment are stayed."
Senior advocate Abhishek Singhvi, representing Atishi and Kejriwal, contended that Babber filed the defamation case, as an 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. Senior advocate Sonia Mathur, appearing for Babbar, stated that the BJP leader has filed the case on behalf of the party.
On September 2, the Delhi High Court refused to quash the proceedings against them and other AAP leaders over their remarks about the alleged deletion of names of voters, saying the imputations prima facie lowered the reputation of the BJP. Kejriwal and Atishi moved the Supreme Court against this order. Babbar filed a criminal defamation case against Kejriwal, Atishi and other AAP leaders.
