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This is an archive article published on June 3, 2016

Defamation case by jaitley: Delhi HC dismisses AAP leader’s plea against ‘fresh’ allegations

The single judge had sought further response from AAP leaders, and had made certain observations regarding the case, which had been challenged.

aam aadmi party, arun jaitley, arvind kejriwal, bjp, ashutosh hc, aap ashutosh, arun jaitley defamation case, jaitley defamation case, india news, delhi news AAP leader Ashutosh (Source: PTI photo)

The Delhi High Court Thursday dismissed the plea of AAP leader Ashutosh, who had opposed the fresh allegations made by Union Finance Minister Arun Jaitley, in his reply to a civil defamation case filed by him against Chief Minister Arvind Kejriwal and other party leaders.

The bench of Justices Pradeep Nandrajog and Mukta Gupta dismissed the AAP leader’s appeal, observing that the nature of allegation referred to in the replication (a plaintiff’s rejoinder to the defendant’s response) is virtually the “re-publication” of what is said in the main plaint.

“It is actually a case of re-publication of facts mentioned in the main plaint and not additional grounds,” the bench observed.

“The appeal is dismissed,” the court said.

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The AAP leader has challenged a single judge’s April 29 order, by which Jaitley’s replication to the replies of Arvind Kejriwal, Ashutosh and four other AAP leaders — who are party in the civil defamation suit — was allowed. the AAP leaders had argued that Jaitley had “made fresh allegations” in the replication.

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The single judge had sought further response from AAP leaders, and had made certain observations regarding the case, which had been challenged. The single judge order had come on the AAP leader’s plea for striking off the purported new allegations levelled by Jaitley in his replication.

Ashutosh, represented by senior advocate H S Phoolka and advocate Peeyoosh Kalra, has contended that by granting him an opportunity to respond to the replication of Jaitley, the single judge has “tangentially acknowledged” that the allegations which had been objected to had been introduced for the first time by the BJP leader in his replication.

Jaitley had filed a civil defamation case against Kejriwal and five other AAP leaders, alleging that they had made “false and defamatory” statements in a case involving the DDCA, thereby harming his reputation.

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