In a significant development, the Supreme Court has put a stay on the trial court proceedings against Delhi Chief Minister Atishi and Aam Aadmi Party (AAP) national convenor Arvind Kejriwal. The defamation case, filed by BJP leader Rajiv Babbar, is centered around allegations made by the AAP leaders regarding the deletion of 30 lakh voters’ names from the electoral rolls. The Atishi’s and Kejriwal’s Supreme Court proceeding at a stay ruling comes as both leaders challenge a previous order by the Delhi High Court that refused to quash the case.
This temporary relief from the Supreme Court is seen as an important step for both Kejriwal and Atishi, who are facing defamation charges over statements made during the 2019 Lok Sabha elections.
Supreme Court’s Stay Order
On Monday, September 30, a bench comprising Justices Hrishikesh Roy and SVN Bhatti issued a stay on the proceedings against Atishi and Kejriwal. The defamation case, filed by Rajiv Babbar as an authorized representative of the BJP, accuses the AAP leaders of making false allegations that the BJP was responsible for removing 30 lakh voters from the Delhi electoral rolls, particularly targeting minority and Dalit communities.
The Atishi’s and Kejriwal’s Supreme Court proceeding at a stay ruling has granted temporary relief to the AAP leaders. The court has sought a response from the Delhi government and Rajiv Babbar within four weeks. The bench has also issued notices to both parties and will revisit the case after receiving further submissions.
What Happened in Court?
The defamation case was initiated by Rajiv Babbar, a BJP leader, who filed the lawsuit as a representative of the party. During the Supreme Court hearing, Senior Advocate Abhishek Singhvi, representing Atishi and Kejriwal, argued that the defamation case lacked merit because Babbar was not personally defamed. Singhvi highlighted that the BJP as a party had not directly filed the case, and therefore, Babbar could not claim personal damage to his reputation.
“BJP, neither central nor Delhi, has not filed any complaint. Babbar is not the person I have allegedly defamed,” Singhvi argued, seeking to challenge the validity of Babbar’s case. On the other hand, Senior Advocate Sonia Mathur, representing Babbar, stated that Babbar had filed the defamation case on behalf of the BJP.
The Defamation Case Background
The defamation charges stem from remarks made by Atishi and Kejriwal in 2019, accusing the BJP of orchestrating the deletion of around 30 lakh names from the Delhi voter list. The AAP leaders claimed that the BJP targeted minority and Dalit voters, thus suppressing their electoral power.
These statements led Rajiv Babbar to file a defamation suit, arguing that such accusations lowered the BJP’s reputation and were made to gain political mileage during the elections. The Delhi High Court, on September 2, 2024, refused to quash the case, ruling that the accusations made by the AAP leaders were prima facie defamatory.
In its judgment, the Delhi High Court stated that the remarks made by Atishi, Kejriwal, and other AAP leaders appeared to be aimed at maligning the BJP’s image. The court said the comments were intended to vilify the BJP and provide undue political advantage to the AAP in the eyes of the voters.
Atishi and Kejriwal’s Challenge to High Court Ruling
Following the Delhi High Court’s refusal to quash the case, both Atishi and Kejriwal filed a plea in the Supreme Court challenging the order. Their legal team argued that the High Court’s decision was flawed and that the defamation case lacked a substantial legal basis. With Atishi’s and Kejriwal’s Supreme Court proceeding at a stay, the AAP leaders have bought time to defend themselves against the charges.
The AAP leadership has maintained that the defamation case is politically motivated and aims to stifle free speech. Kejriwal, who has faced multiple defamation cases over the years, has consistently asserted his right to make public statements in his capacity as a politician, claiming they are part of a larger discourse on accountability and transparency in governance.
Political Implications
The Atishi’s and Kejriwal’s Supreme Court proceeding at a stay comes at a politically charged time, with upcoming state elections in several parts of India. For the AAP, which has been expanding its political base beyond Delhi, this case serves as another example of the challenges faced by its leadership from opposition parties, particularly the BJP.
This legal battle also highlights the ongoing political rivalry between the BJP and AAP, with both parties using the courts to contest narratives that impact their public image.
Conclusion
The Supreme Court’s decision to stay the proceedings in the defamation case against Atishi and Kejriwal marks an important pause in the legal confrontation. The Atishi’s and Kejriwal’s Supreme Court proceeding at a stay ruling provides temporary relief to the AAP leaders, allowing them time to prepare their defense against the charges. With the case set to be revisited after four weeks, the next round of legal proceedings could have significant implications for both political leaders and their parties.
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