The complainant,Dikshits political secretary Pawan Khera,has alleged Kejriwal used filthy language against Dikshit in an interview telecast on a TV channel.
Kejriwal had allegedly made an adverse remark against Dikshit during protests against hikes in power tariff in October 2012.
Khera had filed a defamation suit against Kejriwal on the ground that since he had been working with Dikshit for the last 14 years,Kejriwals comments had defamed him as well. Kejriwal had pleaded he was not guilty,paving the way for a trial. The court has scheduled January 18,2014,as the next date of hearing in the case.
According to Kheras complaint,Kejriwal had intentionally uttered adverse comments against Dikshit to gain political mileage. Due to politically motivated and malafide reasons,mischevious and absolutely false and baseless allegations have been intentionally made in a filthy and foul language,through convoluted information to gain scandalising impact,at a platform where the same could not be rebutted,as Sheila Dikshit or the office of the Chief Minister of Delhi was not represented, the complaint stated.
Kejriwal argued that his comments did not constitute the offence of defamation as defined in IPC. The comment has been said during the course of a public discourse on ever-increasing electricity rates in Delhi on the basis of the proofs available in public domain. Such an accusation is well covered under the exceptions….of Section 499,IPC, Kejriwals counsel argued.
Earlier,Kejriwal had moved an application challenging Kheras locus standi to file the complaint. Chief Metropolitan Magistrate Sanjay Bansal on Saturday dismissed the plea on the ground that it was pre-mature. Without framing notice of accusation and without conducting trial,no decision can be made on this issue, Bansal had held.