HC terms Jethmalani’s remarks ‘scandalous’, says let Kejriwal step into box

The court said if the remarks were made on instructions of Kejriwal, then he should "first step into the box and make good his allegations" before continuing with Jaitley's cross examination.

By: PTI | New Delhi | Published:May 18, 2017 4:38 pm
kejriwal defamation case, ram jethmalani, arun jaitley, jethmalani scandalous remarks, arvind kejriwal, aap, aam aadmi party, delhi high court, delhi news, indian express Lawyers Ram Jethmalani (L) and Arun Jaitley (R). (Files)

The Delhi High Court on Thursday termed as “scandalous” certain remarks made by Arvind Kejriwal’s lawyer Ram Jethmalani against Arun Jaitley during his cross examination in a civil defamation suit filed by the Union Minister. Justice Manmohan said if such remarks were made on instructions of Kejriwal, then he should “first step into the box and make good his allegations” before continuing with Jaitley’s cross examination.

“If such allegations have been made on instructions of Defendant 1 (Kejriwal), then no point in continuing with cross examination of plaintiff (Jaitley) any more. Let Defendant 1 make good his allegations. Let him step into the box,” the judge orally observed.

Jaitley’s senior advocates Rajiv Nayar and Sandeep Sethi had raised the issue before the court saying they want a clarification from Kejriwal whether the remarks were made on his instructions or by Jethmalani on his own. Nayar said if Kejriwal had instructed the senior lawyer to make the adverse remark, then they would seek additional aggravated damages of Rs 10 crore from him.

If on the other hand, Jethmalani had on his own made the remark, then it would be a violation of the Bar Council of India rules, he said.

The court said that such manner of cross examination cannot be allowed and something has to be done. It directed Jaitley’s lawyers to file an application with regard to the adverse remarks made against him by Jethmalani. “What is to be done when such scandalous remarks are made. It’s unpleasant,” Justice Manmohan said and added that “cross (examination) should be carried out in accordance with law”.

The court said if cross examination is carried out in this manner in rape cases then it would amount to the victim being raped all over again and that too in court.

Jethmalani had made the remarks on Wednesday before Joint Registrar Deepali Sharma when Jaitley was being cross-examined in the Rs 10 crore civil defamation case filed by him against Kejriwal and five other AAP leaders for accusing him of financial irregularities in the Delhi and District Cricket Association (DDCA) of which he was the President from 2000 to 2013.

Five AAP leaders — Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai — along with Kejriwal are also facing a criminal defamation case filed by Jaitley on the same issue. The issue cropped up before Justice Manmohan who was hearing an application moved by Chadha for making amendments in his written submission filed in reply to Jaitley’s plea.

During the hearing, the judge frowned upon the way the cross examination was carried out saying a person who has filed a defamation case “cannot be further defamed in this manner”. The amendment application was listed before another bench by the court on May 26.

Sparks flew during a charged-up hearing on Wednesday in the high court after Jaitley lost his cool when Jethmalani used a scandalous word to describe him. Jaitley, 64 , was in the court for the fourth round of cross-examination by Jethmalani yesterday in his defamation case against the AAP chief but the proceedings ended abruptly after an intense verbal duel broke out between the once close legal associates.

The proceedings had lasted barely 45 minutes. The joint registrar had on Wednesday posted the cross examination on July 28 and 31.

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  1. R
    Ramesh Chhabra
    May 18, 2017 at 9:01 pm
    Whether client had said or not to his/ her advocate. Whether client had use more than rough language before his/ her advocate in their Chamber, that's does not mean advocate especially a senior most advocate / senior citizen of India will cross all his/ her ethic limits before hon'ble court. Mr. Jethmalani should apologize before the court without raising question of Kejriwal. Mr. Kejriwal be given an opportunity to subs ute his lawyer first.
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    1. M
      M Vyas
      May 18, 2017 at 8:56 pm
      During emergency an arrest warrant warrant was issued against this gentleman by Indore hi Govt and my family gave him a shelter in our g pa house..Today he is trying to look like lion but forgotten those days when he was helpless clueless and was not able to defend himself and was scared for jail going..
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      1. N
        narendra Nath
        May 18, 2017 at 8:50 pm
        Kejari’s electoral success was a reaction to corrupt congress rule. Kejari mistakenly thought it gave him a license to abuse. This psychopath will end up behind bars of jail or asylum. Jethmalani has developed senile dementia and for his own good should stay indoors. But looks like he is bent upon loosing whatever good name he had earned. He has made it a business to defend crooks and do anything and everything against BJP which had unceremoniously expelled him.
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        1. I
          Indy
          May 18, 2017 at 8:45 pm
          Two liars : Liar (Kejariwal) and his lawyer (Jethmalani) !
          Reply
          1. N
            naresh
            May 18, 2017 at 8:29 pm
            Well done Mr Jethmalani for putting that liar in a bigger soup. Besides paying you let him dish out another 20 crores.
            Reply
            1. D
              deepak sankhla
              May 18, 2017 at 8:28 pm
              A tight slap on the face of friovolus defamer and his cronies!
              Reply
              1. M
                manian
                May 18, 2017 at 8:09 pm
                Every person has a shelf life& so is the case with this lawyer whose route to fame is quite different. All lawyers have to face the FINAL COURT & most of them won't have a peaceful end.
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                1. A
                  Ash
                  May 18, 2017 at 7:36 pm
                  Thank you for taking a moral stand in allowing all voices,pro or against.Most other papers have given in,and their comment pages are filled with rubbish written by Cyber brigade.Filthy language,and no reasoning is the hallmark of these comments. So.thank you,again.
                  Reply
                  1. A
                    Ash
                    May 18, 2017 at 7:32 pm
                    Seems the law is tilted towards the defamed party the first place ,if you accuse him of some wrong ,he takes you to court on defamation.Ofcourse if he is rich(he may have bene ed financially by the wrong committed),and you are poor,then Ofcourse the accused gas no chance court,the judge defends him and asks the accuser to present evidence.Does the accuser have the authority that the police have in obtaining evidence?It's quite possible for conclusions to be drawn from some basic facts,but this may not amount to proof.Defamation law should not protect (especially public figures)people,who use it as a means to throttle all accusations,right or wrong.Great leeway should be given to the accuser,who us doing a public service.
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                    1. B
                      BlahBlah
                      May 18, 2017 at 8:01 pm
                      The lesson is on't open your mouth if you don't have any evidence. let's say you are getting married to a very beautiful girl and I come in your ceremony and say you are a drug addict and I do it just for fun. I have no proof but just to make you look bad. you will beat me up but since these are public figures they have to go to court. Modi doesn't have time for Kejriwal otherwise delhi would go bankrupt since the guy had audacity to make Delhi government pay for his personal statements...but no worries you free loaders deserve him as much as he deserves you.
                      Reply
                      1. S
                        Shama Rao
                        May 18, 2017 at 8:50 pm
                        Your ertion itself is wrong. Will not that amount to give greater leave to those who wil ly or customarily accuse others to bring down their re tion?ic382
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                      2. C
                        Citizen
                        May 18, 2017 at 7:16 pm
                        Off late people started taking the advantages of the places like courts,august houses to project and foll the people by circulating false,half truths and derogatory remarks The same APP did that in the house with fake EVMs and now this. In any case the judge's ru is an eye opener and good. Jaihind
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                        1. V
                          vijay
                          May 18, 2017 at 7:01 pm
                          For sure Mr.jethmalani was a legal luminary in his prime and must have conducted some robust cross examinations, but as he is beyond his use by date he must take special care not to get told off by judges half his age for being rude. It is a good time for him to retire and teach in some premier law schools around the country.he still can make enough for a drink or two.Otherwise he runs the risk of becoming immaterial, which is sad.
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                          1. M
                            Mohmed
                            May 18, 2017 at 6:54 pm
                            Jethmalani is a lawyer of smugglers and criminals so he learned this language from them.
                            Reply
                            1. P
                              P.C.Kulkarni
                              May 18, 2017 at 7:22 pm
                              When he was in BJP he was lawyer of saints
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                            2. T
                              TIHAEwale
                              May 18, 2017 at 6:46 pm
                              why IE is carrying a half report by PTI without mentioning what is the exact question put by Ram Jhootmalani on behalf of born liar Akela Arvind against servant of good times Arun Jhoot Lie
                              Reply
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                                chatur
                                May 18, 2017 at 6:45 pm
                                This as. Jaithmalani is good for nothing and should be kicked. What is this bug..r's contribution except making large sums of money by amoral legal practice. This guy himself is illegal, illegitimate and non-sensical.
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                                1. P
                                  Poda De
                                  May 18, 2017 at 6:32 pm
                                  Q : Sir, how do you rate this oldie Jetmlani ? A : Crooked mind pouncing to provoke with the deliberate intent of scavenging on the response of any angry outburst !
                                  Reply
                                  1. S
                                    surendra s
                                    May 18, 2017 at 6:29 pm
                                    Jethmalani is used to defend the indefensibles. Trying to be in news all the time. And now his age has made him totally out of control.
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                                      arc
                                      May 18, 2017 at 6:28 pm
                                      So HD is saying Jaitley is not a crook? Ha.
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                                        Anand Prakash
                                        May 18, 2017 at 6:11 pm
                                        It is shocking that a person who could not manage well a small organization like the DDCA has been entrusted the job of FM in our country.
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                                          Dev Verma
                                          May 18, 2017 at 6:33 pm
                                          This is what you say or your jethmalani who himself is a scandalous lawyer especially representing people like lalu and kejriwal proves what character he carries...Mr Arun Jaitley is a very respected and honorable man and not like these choron ki barat..He's doing the very best as FM and if someone is blind and can't see its his luck otherwise India is growing in his hands asFM.
                                          Reply
                                          1. S
                                            SR
                                            May 18, 2017 at 6:35 pm
                                            Abe Gaddhe Aaptard it is your Khujliwal who is defective. He cannot manage a small party like AAP which has just 67 legislators and wants to become the PM of our country
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                                            Avinash
                                            May 18, 2017 at 5:58 pm
                                            I could not find the wording of the remark(s) Jethmalani has made while cross examining Jaitley. Why does I.E. refrain from printing this annoying words?
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                                              Raman Vr
                                              May 18, 2017 at 6:24 pm
                                              IE is deliberately hiding the comment made by Jethmalani against Jaitley. Perhaps Jethmalani has a large share in IE. Anyway you can get the info from other media sites. Jaitley was called a crook.
                                              Reply
                                              1. S
                                                surendra s
                                                May 18, 2017 at 6:30 pm
                                                He called the FM a crook.
                                                Reply
                                                1. S
                                                  Shama Rao
                                                  May 18, 2017 at 8:57 pm
                                                  Why you did not read the remarks of the judge properly? 'Do not denude the rape victim again in the court room 'yh625
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                                                  Rajiv
                                                  May 18, 2017 at 5:57 pm
                                                  Lawyer ko paisa nahi dega to lawyer yehi sab karega na.Gaali dega aur bolega ke client bola tha
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                                                    Gopal Sriniwasan
                                                    May 18, 2017 at 5:39 pm
                                                    The Delhi HC Judge Justice Manmohan deserves full commendation for a making an Oral Point regarding Kejriwal's instructions to his Lawyer. Whichever the way things will move it is high time that BCI expels Jethmalani from appearing in court and cancels his licence for his atrocious and ROWDY behaviour.
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