Lagatar24 Desk
New Delhi: In a significant development, the Supreme Court on Monday stayed criminal proceedings against Delhi Chief Minister Arvind Kejriwal and AAP leader Atishi in a defamation case related to their 2018 allegations regarding the deletion of names from Delhi’s voter list.
Supreme Court Stays Proceedings
The apex court issued the order staying the defamation proceedings while agreeing to examine whether defamation law can limit political speeches protected under the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution. The court has also issued notices to the Delhi government and BJP leader Rajiv Babbar, who had filed the defamation case.
Challenge to Delhi High Court Order
Kejriwal and Atishi had filed a petition challenging the Delhi High Court’s September 2 order, which refused to quash the defamation case. The AAP leaders had alleged that the BJP was behind the deletion of nearly 30 lakh voters from the Delhi electoral roll in 2018, targeting specific communities. The high court had earlier observed that the statements made by Kejriwal and Atishi were prima facie defamatory and intended to damage the reputation of the BJP.
Senior Advocate Singhvi’s Argument
Appearing on behalf of the AAP leaders, senior advocate Abhishek Singhvi argued that the defamation case was filed by Rajiv Babbar, an authorized representative of the BJP Delhi unit, and not by the BJP itself. “The BJP, neither central nor Delhi, filed the complaint. Babbar is not the person I allegedly defamed,” Singhvi submitted before the Supreme Court.
Defamation Case Background
The defamation case stems from a 2018 press conference where the AAP leaders accused the BJP of instructing the Election Commission to delete the names of around 30 lakh voters, including those from the Bania, Poorvanchali, and Muslim communities, from the Delhi voter list. BJP leader Rajiv Babbar had filed the case, asserting that these remarks damaged the party’s reputation for political gain.
Along with Kejriwal and Atishi, other AAP leaders named in the case include former Rajya Sabha member Sushil Kumar Gupta and party leader Manoj Kumar.
The Supreme Court has stayed the trial court proceedings pending further hearings on the matter.
