Today(23rd Sept), The Delhi High Court dismissed a plea from former Chief Minister Arvind Kejriwal, current Delhi CM Atishi, and other AAP leaders to withdraw a defamation case stemming from 2018 allegations that the BJP conspired to remove nearly 3 million voters. BJP leader Rajiv Babbar filed the case, asserting that AAP’s claims were false and damaging.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: Today(23rd Sept), The Delhi High Court has dismissed the plea filed by former Delhi Chief Minister Arvind Kejriwal, current Chief Minister Atishi Marlena, and other senior Aam Aadmi Party (AAP) leaders seeking to quash the criminal defamation case brought against them by BJP leader Rajeev Babbar. The court’s ruling paves the way for Kejriwal and other AAP leaders to face trial over allegations that they made defamatory statements against the Bharatiya Janata Party (BJP) regarding voter deletion in Delhi’s electoral rolls. The case stems from accusations made by the AAP in 2018, alleging that the BJP orchestrated the removal of nearly 3 million voters from key communities in the national capital.
The controversy dates back to December 2018, when the AAP, during a press conference, claimed that the BJP had conspired with the Election Commission to remove voters from specific communities — particularly Bania, Purvanchali, and Muslim voters — that have historically been significant vote banks in Delhi. The AAP accused the BJP of manipulating the electoral rolls to suppress votes from these communities, a move they alleged was politically motivated to benefit the BJP in upcoming elections.
BJP leader Rajeev Babbar responded by filing a defamation case, asserting that the accusations were not only baseless but intended to malign the BJP’s reputation. According to Babbar, the statements made by Kejriwal and other AAP leaders during the press conference were defamatory and caused irreparable harm to the party’s image.
“These allegations are not only unfounded but also highly defamatory, aimed at damaging the BJP’s reputation and securing an unfair political advantage,” Babbar stated in his plea.
The magistrate court issued summons to Kejriwal, Atishi Marlena, and other senior AAP leaders in March 2019, requiring them to respond to the charges. Babbar maintained that the allegations made by AAP were designed to mislead the public and create mistrust towards the BJP.
Following the issuance of summons, Kejriwal and his colleagues sought relief by approaching the sessions court, arguing that their statements were made in good faith and in the public interest. They claimed that their remarks fell under the protection of free speech, particularly in a political context. However, their plea was denied by the sessions court, which upheld the validity of the summons and ruled that the AAP leaders had a case to answer.
Undeterred by the ruling, AAP leaders approached the Delhi High Court in February 2020, seeking to quash the defamation case entirely. Initially, the High Court granted a temporary stay on the trial court proceedings, offering some relief to the AAP leaders. However, this stay was short-lived.
Justice Anup Kumar Mendiratta of the Delhi High Court delivered a ruling, rejecting AAP’s plea to withdraw the defamation case. In his judgment, Justice Mendiratta emphasized the importance of truth and accuracy in political discourse, stating:
“In this case, AAP’s allegations against the BJP are defamatory and intended to damage the BJP’s reputation for political gain.”
The court underscored that political leaders must ensure their statements are grounded in fact, especially when making public accusations, as misleading information can damage democratic processes.
“Political parties cannot use defamation laws as a tool to further unfounded claims. In a democracy, the spread of accurate information is essential,”
– Justice Mendiratta added, emphasizing that political mud-slinging should not be tolerated.
With the Delhi High Court vacating the interim stay on the trial court’s proceedings, AAP leaders, including Kejriwal and Atishi Marlena, are now required to appear before the trial court. The Rouse Avenue Court has scheduled the next hearing for October 3, 2024, where the accused leaders will face consideration of arguments on charges.
Additional Chief Judicial Magistrate Tanya Bamniyal will preside over the hearing, and the appearance of the accused persons has been mandated. The defamation case continues to loom large over the political discourse between the BJP and AAP in the capital city.
Rajeev Babbar’s defamation case asserts that the AAP’s accusations were designed to manipulate the electorate by creating distrust towards the BJP. Babbar has maintained that the allegations, which accused the BJP of influencing the Election Commission to remove voters’ names from the electoral rolls, were damaging and defamatory.
Babbar further claimed that the voters’ list is under the purview of the Election Commission, and any allegations suggesting the BJP’s involvement in the deletion of names are baseless. He reiterated that the accusations specifically targeted voter groups such as Bania, Purvanchalis, and Muslims, implying that the BJP had deliberately disenfranchised these communities. These claims, according to Babbar, caused significant harm to the BJP’s standing in the public eye.
“Arvind Kejriwal and AAP leaders sought to damage the BJP’s reputation by alleging that we manipulated electoral rolls. The responsibility for the voters’ list lies with the Election Commission, not any political party.”
-Babbar noted.
Earlier in July, AAP leader Atishi Marlena was involved in another defamation case filed by BJP leader Praveen Shankar Kapoor. The case concerned allegations that the BJP had attempted to poach AAP legislators, a claim denied by Kapoor. The Rouse Avenue Court had granted bail to Atishi Marlena in that case as well.