 "In the Arvind Kejriwal case, the court has examined “the necessity and proportionality of the arrest in compliance with Section 19(1) of the PMLA”, said a legal expert (Photo: PTI)")
The Delhi High Court on Monday refused to dismiss the defamation case against Chief Minister Arvind Kejriwal concerning his remarks on the alleged removal of names from electoral rolls.
The petition contested the ongoing defamation proceedings in the trial court, initiated by BJP Delhi leader Rajeev Babbar. Justice Anoop Kumar Mendiratta rejected the plea, upholding the magisterial court's decision to summon Kejriwal and others as accused.
Background on defamation case
Babbar accused Kejriwal and AAP leaders of defaming the BJP by claiming the party was responsible for deleting 3 million names from the Delhi electoral rolls, affecting communities such as Baniyas and Muslims.
In February 2020, the Delhi High Court paused the defamation case against Kejriwal and other AAP leaders.
AAP leaders sought the quashing of two court orders — the magisterial court's order from March 15, 2019, and the sessions court's order from January 28, 2020.
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Rajeev Babbar's defamation case targeted Kejriwal and AAP leaders, including Sushil Kumar Gupta, Atishi Marlena, and Manoj Kumar, alleging that their accusations against the BJP caused reputational harm by implying the party was behind the voter deletions.
Previously, in July, AAP leader Atishi Marlena faced a defamation case filed by BJP leader Praveen Shankar Kapoor over allegations of 'poaching' AAP legislators. Delhi's Rouse Avenue court granted bail to Marlena in that matter.
Babbar claimed that the statements made by AAP leaders were intended to damage the BJP's reputation by focusing on specific voter groups, including Bania, Poorvanchalis, and Muslims, causing irreparable harm to his reputation.
In 2020, Kejriwal moved the Delhi High Court, arguing that the defamation complaint was unsustainable, as it was vague and did not specify the "person aggrieved".
In February 2020, the trial court noted that the allegations made by Kejriwal and others were prima facie defamatory and referred specifically to the BJP.
Babbar maintained that the voters' list is under the Election Commission's jurisdiction, not the BJP's.
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