The Delhi High Court Wednesday refused to entertain a plea seeking action against former chief minister Arvind Kejriwal for writing an open letter to his supporters from the Tihar Jail. The plea also sought ban on the circulation of the letter.
The plea said Kejriwal's letter sought to incite people not to follow rule of law and made baseless and deemed allegations against judiciary. The court, however, told the petitioner that it was not a matter it could take up and he could file a criminal complaint against Kejriwal.
Kejriwal, Aam Admi Party chief, was lodged in the Tihar Central Jail in judicial custody for refusing to furnish a personal bond for bail in a defamation case slapped against him by BJP leader Nitin Gadkari.
However, he furnished a personal bond of Rs.10,000 Tuesday after the high court suggested him to do so. On May 24, he wrote the letter explaining circumstances behind him being in jail.
A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw asked petitioner advocate Vivek Narayan Sharma to file a criminal complaint as the court cannot decide this matter.
"It is not a matter to be taken by this court. You (Sharma) file a criminal complaint if you want," the bench said while disposing of the plea.
Sharma moved the court requesting it to direct the central government to block the website of the AAP until the open letter of Kejriwal was withdrawn from its website.
The petition stated that after a trial court sent Kejriwal to judicial custody, he instead of challenging that order, chose to instigate people "to follow no rule of law and put baseless and deemed allegations against judiciary".
"Kejriwal showed gravely defamatory and contemptuous conduct by issuing open letter from Tihar Jail," the plea said.
The letter was circulated by the AAP office bearers to public at large, various media and was also uploaded on AAP website, the petition said, seeking direction to the centre to take suitable steps to stop publication and circulation of the letter.
The letter is "dangerous for society and intended to create atmosphere against rule of law and courts", advocate Sharma said.
The AAP not only loaded the letter on its website but also circulated it over the social media like Facebook and Whatsapp. The party is also circulating this letter in printed form to public, and plan to circulate it to every house in Delhi and the National Capital Region in the coming week, said the lawyer.
