The Supreme Court of India has extended its interim order staying defamation proceedings against Delhi Chief Minister Arvind Kejriwal and AAP leader Atishi over allegations made in 2018 about voter deletion. The court granted four weeks for BJP leader Rajeev Babbar’s response, while trial court proceedings remain on hold, pending further deliberation on the case.
New Delhi: The Supreme Court on Thursday extended its interim order staying the criminal defamation proceedings against Delhi Chief Minister Arvind Kejriwal and AAP leader Atishi. The case revolves around their remarks in 2018 regarding the alleged deletion of voter names from the electoral rolls in the national capital.
A bench of Justices Hrishikesh Roy and SVN Bhatti granted four weeks to BJP leader Rajeev Babbar, who filed the complaint, to submit his response. The apex court also clarified:
“Proceedings before the trial court will remain stayed in the defamation case.”
Previously, the Supreme Court had issued notices to Delhi Police and the complainant, seeking their responses.
The defamation case stems from Kejriwal and Atishi’s allegations in 2018 about the alleged deletion of names of 30 lakh voters belonging to specific communities from the Delhi electoral rolls. Babbar, a BJP leader, filed a complaint claiming the statements were defamatory and intended to malign the BJP for political gain.
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The Delhi High Court, in its September 2, 2023 order, refused to quash the defamation case, stating:
“The imputations were prima facie defamatory with the intention of vilifying the BJP and gaining undue political mileage.”
The High Court also dismissed pleas from Atishi, Kejriwal, and other AAP leaders, including Sushil Kumar Gupta and Manoj Kumar, challenging the ongoing defamation proceedings in the trial court. Additionally, it directed the AAP leaders to attend a trial court hearing scheduled for October 3, 2023.
The AAP leaders, however, argued that the defamation case was “politically motivated” and claimed that Babbar was not an aggrieved party.
Challenging the High Court’s decision, Kejriwal and Atishi approached the Supreme Court. They also questioned the magistrate court’s March 15, 2019 summons and the Sessions court’s January 28, 2020 order, both of which upheld the defamation case.
With the Supreme Court granting a four-week extension for the complainant’s reply, the matter is set for further deliberation. The stay on the trial court proceedings ensures a temporary reprieve for Kejriwal and Atishi while the legal process unfolds.
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