Defamation case: No relief for Arvind Kejriwal as Delhi HC dismisses plea to stay proceedings

Arvind Kejriwal and other AAP leaders had sought a stay on the criminal defamation proceedings pending before the trial court on grounds that Arun Jaitley had filed two cases simultaneously.

Written by Aneesha Mathur | New Delhi | Updated: October 20, 2016 1:07 pm
Arvind Kejriwal, kejriwal patidar agitation, arvind kejriwal in gujurat, kejriwal patidar, Arvind Kejriwal gujarat, Gujarat, Patidar, gujarat Patidar, Arvind Kejriwal, india news Arun Jaitley had filed a criminal defamation complaint alleging Kejriwal and five AAP leaders had defamed him in the Delhi District Cricket Association (DDCA) controversy. (file photo)

The trial in criminal defamation proceedings filed by Union Minister Arun Jaitley against Delhi Chief Minister Arvind Kejriwal and five other AAP leaders is now set to resume, with the Delhi High court on Wednesday dismissing a plea for its stay. The bench of Justice PS Teji in a 30-page judgment has dismissed the plea and has said that the civil defamation suit filed by Jaitley before the Delhi High Court and the criminal defamation complaint before the trial court were “separate proceedings”.

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“Nothing have been brought before this court to the effect that continuation of criminal proceedings is abuse of the process of law before the CMM and any order is required by this court to secure the ends of justice. Thus, this court is of the view that the order of the CMM, dated May 19, 2016 continuing with the proceedings is free from perversity, impropriety, illegality and non-sustainability which compelled this court to exercise the inherent jurisdiction under Section 482 Cr PC,” the court said.

The AAP leaders had sought a stay on the criminal defamation proceedings pending before the trial court on grounds that Jaitley had filed two cases simultaneously, which amounted to ‘double jeopardy’ as the AAP leaders would be tried twice for the same offence. The AAP leaders had argued that “parallel proceedings” could not be held. During the proceedings, senior advocate Ram Jethalani had also argued for “postponement” of the criminal trial till the civil proceedings in the high court were concluded. Jaitley’s lawyers had opposed the plea, claiming that there would be “no prejudice” caused to the AAP leaders even if both cases were heard simultaneously.

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The bench in its judgment has now held that the two proceedings did not violate the rule of double jeopardy which mandates that a person cannot be tried in a court of law twice for the same offence. “Though it is correct that the parties in both cases are the same, but the fact remains that both the cases are different in nature,” the bench noted. The detailed judgment is likely to be released later this evening.

On 21 December 2015, Arun Jaitley had filed a criminal defamation case against the Delhi CM and five other AAP leaders — Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai. If held guilty, an accused faces up to 2 years imprisonment and fine. Jaitley had also filed a civil defamation suit seeking Rs 10 crore in damage from the AAP leaders before the Delhi High court. The union finance minister has accused the AAP leaders of issuing false and defamatory statement against him and his family in connection with alleged irregularities in DDCA, when Jaitley was the association’s president. The court granted bail to Kejriwal and others on April 7 after they appeared before it.

Jaitley has alleged that Kejriwal and other AAP leaders had made defamatory statements against him and his family that they had made pecuniary gains by associating with M/s 21st Century Media Pvt Ltd, a sports management firm. On January 5, Jaitley had appeared in the trial court for hearing in the criminal defamation case and had recorded his statement as the complainant witness in the case. He had told the court that Kejriwal and five AAP leaders had made “false and defamatory” statements. In the civil defamation suit pending before the high court, issues were framed for trial of the suit on July 12. Both parties are yet to file lists of witnesses, and the date of hearing is now fixed for December 5.

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  1. A
    Abhinav Gour
    Oct 19, 2016 at 7:52 pm
    Is there any freedom of speech in my motherland? Shame on you all desi! Work for freedom of speech! there is nothing called defematiom! Its all my opinion and your opinion!
    Reply
    1. O
      Onkar Singh
      Oct 19, 2016 at 4:05 pm
      Money laundering is a criminal act,and those involved in money laundering have financed the election of the PM.And the PM is doing everything in his power to scuttle the investigation.So you to have to look into this matter also,please do so.For the benefit of the country.
      Reply
      1. I
        Ikok
        Oct 19, 2016 at 4:56 pm
        Ae Dil Hai Mushkil
        Reply
        1. C
          Chander Pal
          Oct 19, 2016 at 12:32 pm
          This bark and run habit has no takers in civilized society. AAP is not the sole distributor of honesty certificates. Please stop this ultra negativity.
          Reply
          1. I
            IML sood
            Oct 19, 2016 at 1:42 pm
            Again a big tight slap,how many times in how many cases this shameless Khujli and his Aaptards have been rebuked by the courts but they go on wasting public hard money by defending themselves( being in power) against there illegal and foolish action.Do they spend money from their pockets to defend and hire their so called expert lawyers.Open you eyes, it is our money, hard earned public money which is being spent to save this joker Khujli who is ultimately has to go to jail with his stooges for their illegal action within and outside Govt. day to day working.Stop playing victim card, enough is enough, by abusing and ranting nothing is going to happen except your throat infection. Increasing.
            Reply
            1. S
              Srividya Jayaraman
              Oct 19, 2016 at 4:49 pm
              Do you have proof moron?
              Reply
              1. M
                Michellegt;Vedicgt;human
                Oct 19, 2016 at 1:33 pm
                Tongue got bigger than mouth,----now lip surgery is required to shut his mouth completlty,----KHUJLIWAL,--CM definition Con Man of Delhi.
                Reply
                1. T
                  Tony
                  Oct 19, 2016 at 2:38 pm
                  Kejariwal suffers from inferiority complex and insecurity feels resulting in harsh uncivilized words towards other politicians in the name of telling truth
                  Reply
                  1. T
                    Tony
                    Oct 19, 2016 at 3:07 pm
                    you started as an Aam Aadmi,but you have become a sadak chap
                    Reply
                    1. T
                      Tony
                      Oct 19, 2016 at 2:35 pm
                      अब आया ऊँट पहाड़ के नीचे
                      Reply
                      1. T
                        Tony
                        Oct 19, 2016 at 3:10 pm
                        फट गयी केजरीवाल की...
                        Reply
                        1. A
                          Amit Mukhopadhyay
                          Oct 19, 2016 at 2:00 pm
                          Regardless of being big, regardless of being tight, whether it's a slap at all is yet to be seen. My advice is: In court cases, don't get carried away. Anything can happen. The cases might fall. We never know. Court case is a long, boring process, let's wait and see. Secondly, it is notable that Ram Jethmalani is these days defending AAP. He has become an RS member in June this year perhaps by RJD support. In 1984 he was a founder vice-president of BJP, but today he is out of BJP and defending AAP. This is an irony of history.
                          Reply
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                            Anil Kalaga
                            Oct 19, 2016 at 12:41 pm
                            At this rate, Delhi Government will soon have its headquarters in Tihar Jail.
                            Reply
                            1. A
                              Ankush Dey
                              Oct 19, 2016 at 12:33 pm
                              Funny thing is that the Kejri gang apparently had all the ma against Jaitley. Not sure what went wrong. Kejri is itching to react to this decision by HC but he knows that it is easier to criticise the central govt than an HC judge ... I think Kejri should do a dharna .. the weather is cooler now than it is in summers ... I think his supports would like to come out for another Rs 1.4 Cr samosa fanfare :)
                              Reply
                              1. A
                                Ann
                                Oct 19, 2016 at 6:30 pm
                                Even a road side chaiwala knows Around Jhootley is the biggest fraud and fixer in the country. He can even manage/judges if necessary
                                Reply
                                1. N
                                  Narender Balda
                                  Oct 19, 2016 at 7:46 pm
                                  What has this to do with my ideny, it is true that Jethmalani changes colours, as one can see from his long history.
                                  Reply
                                  1. N
                                    Narender Balda
                                    Oct 19, 2016 at 3:55 pm
                                    Who don't know about Jethmalani; everyone knows how he changes colours.
                                    Reply
                                    1. N
                                      Narender Balda
                                      Oct 20, 2016 at 3:11 am
                                      Really ? Are you from mental hospital ? What is the news and what are your comments ? Why so much frustration? He can defeat if he has proof.
                                      Reply
                                      1. D
                                        dd
                                        Oct 19, 2016 at 7:07 pm
                                        Go Khujali Go....Time go in Jail...
                                        Reply
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                                          ASHOK KUMAR
                                          Oct 19, 2016 at 4:12 pm
                                          Modi should set up Fast Track Court to try Kejriwal, so that his political career ruining the country is finished at the earliest.
                                          Reply
                                          1. K
                                            Kolsat
                                            Oct 19, 2016 at 10:47 pm
                                            You seem to not understand meaning of free speech. This privilege is not for maligning the character of a person. AK47 and his followers have to answer this charge. he could get out of the problem by apologising unconditionally to Jaitley.
                                            Reply
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