Defamation case: Court summons Kejriwal on June 4

“Accused persons namely Arvind Kejriwal, Manish Sisodia and Yogendra Yadav are summoned for offence punishable under Sections 499/500/34 (defamation and common intention) of the IPC. Be listed on June 4, 2014, for appearance of accused persons,” the court said.

The defamation complaint had been filed by advocate Surender Kumar Sharma, who had alleged that in 2013, AAP volunteers had asked him to contest the Lok Sabha election on a party ticket as Kejriwal was pleased with his work. He claimed that he filled the application and was told by Sisodia and Yadav that the Political Affairs Committee had decided to give him the ticket.

He also claimed that he had spent nearly Rs 5 lakh while campaigning from his constituency.

However, on October 14, 2013, the complainant read news reports in leading daily newspapers, which mentioned that AAP had decided to replace its candidate from the Shahdara constituency, the complainant said.

He also claimed that the reports had used “derogatory and defamatory language” against him, as a result of which his practice was hit and he suffered losses.

The advocate alleged that the AAP leaders had hatched a conspiracy to cheat him and made him spend Rs 5 lakh for the campaign.

However, the article had also quoted a party statement saying that the candidate had failed to mention in his application criminal cases and FIRs pending against him.

The court, however, rejected the complainant’s plea that AAP leaders had conspired and cheated him, saying that in the absence of the very element of deception, there was no prima facie material against any of the accused.

“The word ‘unfair role played by him during the conduct of election’ and words ‘doubtful credentials’ specifically show that these contain the imputation which is defamatory in itself and harming the reputation of the complainant adversely, thereby lowering his reputation among like-minded people of society,” the court said.