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This is an archive article published on February 28, 2024

Better to be sorry, and safe?: In fifth defamation case, Arvind Kejriwal pleads ‘mistake’

Arun Jaitley, Kapil Sibal, Bikram Majithia, Nitin Gadkari and now BJP IT cell, the AAP supremo has sought the same route for relief after making allegations

Delhi CM Arvind KejriwalThis is the fifth time the Delhi CM has offered similar defence in a defamation case -- the other four were filed in quick succession in March-April 2018, and was seen as Kejriwal's bid to settle court cases as the AAP planned its bid for general elections. (PTI)

The Supreme Court on Monday restrained a trial court from proceeding with a defamation case against Delhi Chief Minister Arvind Kejriwal that was filed by complainant Vikas Sankrityayan for retweeting a YouTube video against the BJP’s IT cell. This came after Kejriwal regretted retweeting the allegedly defamatory video, calling it a “mistake”.

This is the fifth time the CM has offered similar defence in a defamation case — the other four were filed in quick succession in March-April 2018, and was seen as Kejriwal’s bid to settle court cases as the AAP planned its bid for general elections.

After each apology, the courts or the complainants granted the AAP supremo relief.

April 2018: Apology to the late BJP leader Arun Jaitley

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In December 2015, Jaitley filed a criminal defamation case against Kejriwal and five other AAP leaders after they alleged financial irregularities in the Delhi and District Cricket Association (DDCA) while the BJP leader was its president. Jaitley denied the allegations and filed a civil defamation suit for Rs 10 crore in the High Court.

Jaitley later filed a separate Rs 10 crore defamation case against Kejriwal alleging that the AAP leader’s lawyer in the suit, Ram Jethmalani, had used “objectionable words” against him during his cross-examination.

In letters dated April 1, 2018, the AAP leaders offered their “sincere apology” to Jaitley and to his family members “for any harm caused” to their “reputation” as a consequence of the allegations. The leaders said they made the allegations based on papers given to them by individuals who claimed to have first-hand knowledge of the affairs of the DDCA.

“However, I have recently discovered that the information and the imputations contained therein are unfounded and unwarranted and I was clearly misinformed into making these allegations,” Kejriwal said in the letters written to Jaitly.

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In the letter, Kejriwal also underlined that Jethmalani’s remarks against Jaitley “were made without his consent”. Jethmalani went on to step down as Kejriwal’s lawyer in the case.

Later, Jaitley and Kejriwal, with four other AAP leaders, moved a joint plea before Additional Chief Metropolitan Magistrate Samar Vishal seeking to settle the criminal defamation case. The case was settled.

March 2018: Apology to Akali Dal leader Bikram Singh Majithia.

In May 2016, Mathija filed a defamation case against Kejriwal over the AAP supremo’s allegations against him of involvement in the drug trade.

The same month, Kejriwal submitted an apology to Mathija, saying: “In the past, I made certain statements against you regarding your alleged involvement in the drug trade. These statements became a political issue. Now I have found that the allegations are unfounded, and hence, there should be no politics on such issues. I hereby withdraw all the statements and allegations made against you and apologise for the same.”

The case was withdrawn following the apology.

March 2018: Apology to Union minister Nitin Gadkari

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At an AAP public meeting in February 2014, Kejriwal called Gadkari “one of the most corrupt politicians in the country”, after the Purti Group scam. Gadkari filed a defamation case against him the same month.

In a letter dated March 16, 2018, Kejriwal wrote an apology to Gadkari, saying: “Both of us are in public life belonging to different political parties. I made certain statements without regard to its verifiability, which seems to have hurt you… I have nothing personal against you. I regret the same. Let us put the incident behind us and bring the court proceedings to a closure. I suggest we should put our energy into serving the people of this country, in the spirit of mutual respect.”

Following the apology, the two leaders submitted a joint application in a Delhi court seeking withdrawal of the defamation case. It was accepted.

March 2018: Apology to then senior Congress leader Kapil Sibal’s son Amit

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Amit Sibal filed a defamation complaint against Kejriwal in 2013, after he alleged conflict of interest on the part of Amit Sibal, also a lawyer, asking how he had appeared on behalf of a telecom firm in the Vodafone tax revision case when his father was the Communications Minister in the UPA II government.

In his apology letter to Amit, in March 2018, Kejriwal wrote: “On 15.05.2013… I made certain statements against you and your father. Now, I have learnt that the allegations I made against you and your father at the press conference were unfounded. I hereby withdraw all my statements and allegations made against you and your father and apologise for the same,” Kejriwal said.

Following the apology, Sibal and the AAP leaders filed a joint application in the court seeking withdrawal of the case.

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