Business Standard

HC trashes Kejriwal plea to stay criminal defamation case

IANS  |  New Delhi 

In a setback to Chief Minister Kejriwal, the High on Wednesday refused to stay the trial court's proceedings in a defamation case against him and five other AAP leaders.

The criminal defamation case had been filed by Finance Minister Arun Jaitley in the wake of the & District Cricket Association (DDCA) controversy.

With Justice P.S. Teji dismissing the plea of Kejriwal declaring it "devoid of any merit", now the trial is set to resume hearing in the defamation case against the Aam Aadmi Party (AAP) leaders.

The high court, in its 30-page judgment, said: "There is no illegality or un-sustainability in the law in continuation of the criminal proceedings before the Chief Metropolitan Magistrate, and he is empowered to continue the same. Resultantly, the petitioner's (Kejriwal) request to adjourn the trial proceedings is rejected."

The clarified that both matters between Kejriwal and Jaitley -- civil suit pending before the high and the criminal defamation case before the trial -- are "separate and independent proceedings and they can go side by side".

"There is no legal impediment to invoke the civil proceedings for defamation as well as initiating the criminal proceedings for defamation simultaneously and continuation of the same," the order stated.

Kejriwal had challenged the trial court's May 19 order to turn down his plea to stay the hearing in the criminal defamation case till the high decided a related civil suit.

Kejriwal had said that there are two cases -- one civil and the other criminal -- filed against AAP leaders on similar allegations, so the trial should have stayed the proceedings in the matter, but it had declined.

The CM seeking stay on the criminal defamation proceedings had told the high that Jaitley had filed two cases simultaneously, which amounted to 'double jeopardy' as the AAP leaders would be tried twice for the same offence.

Jaitley had filed the criminal defamation complaint in the trial court, alleging Kejriwal and the five AAP leaders -- Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai -- had defamed him in the & District Cricket Association (DDCA) controversy.

Besides the criminal defamation case, Jaitley also filed a civil defamation suit before the High seeking Rs 10 crore in damages from Kejriwal and the five AAP leaders for issuing allegedly false and defamatory statements against him and his family over alleged wrongdoing in the DDCA when he was its President from December 1999 to December 2013.

--IANS

gt/nir/bg

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

RECOMMENDED FOR YOU

HC trashes Kejriwal plea to stay criminal defamation case

In a setback to Chief Minister Arvind Kejriwal, the Delhi High Court on Wednesday refused to stay the trial court's proceedings in a defamation case against him and five other AAP leaders.

In a setback to Chief Minister Kejriwal, the High on Wednesday refused to stay the trial court's proceedings in a defamation case against him and five other AAP leaders.

The criminal defamation case had been filed by Finance Minister Arun Jaitley in the wake of the & District Cricket Association (DDCA) controversy.

With Justice P.S. Teji dismissing the plea of Kejriwal declaring it "devoid of any merit", now the trial is set to resume hearing in the defamation case against the Aam Aadmi Party (AAP) leaders.

The high court, in its 30-page judgment, said: "There is no illegality or un-sustainability in the law in continuation of the criminal proceedings before the Chief Metropolitan Magistrate, and he is empowered to continue the same. Resultantly, the petitioner's (Kejriwal) request to adjourn the trial proceedings is rejected."

The clarified that both matters between Kejriwal and Jaitley -- civil suit pending before the high and the criminal defamation case before the trial -- are "separate and independent proceedings and they can go side by side".

"There is no legal impediment to invoke the civil proceedings for defamation as well as initiating the criminal proceedings for defamation simultaneously and continuation of the same," the order stated.

Kejriwal had challenged the trial court's May 19 order to turn down his plea to stay the hearing in the criminal defamation case till the high decided a related civil suit.

Kejriwal had said that there are two cases -- one civil and the other criminal -- filed against AAP leaders on similar allegations, so the trial should have stayed the proceedings in the matter, but it had declined.

The CM seeking stay on the criminal defamation proceedings had told the high that Jaitley had filed two cases simultaneously, which amounted to 'double jeopardy' as the AAP leaders would be tried twice for the same offence.

Jaitley had filed the criminal defamation complaint in the trial court, alleging Kejriwal and the five AAP leaders -- Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai -- had defamed him in the & District Cricket Association (DDCA) controversy.

Besides the criminal defamation case, Jaitley also filed a civil defamation suit before the High seeking Rs 10 crore in damages from Kejriwal and the five AAP leaders for issuing allegedly false and defamatory statements against him and his family over alleged wrongdoing in the DDCA when he was its President from December 1999 to December 2013.

--IANS

gt/nir/bg

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

image
Business Standard
177 22

HC trashes Kejriwal plea to stay criminal defamation case

In a setback to Chief Minister Kejriwal, the High on Wednesday refused to stay the trial court's proceedings in a defamation case against him and five other AAP leaders.

The criminal defamation case had been filed by Finance Minister Arun Jaitley in the wake of the & District Cricket Association (DDCA) controversy.

With Justice P.S. Teji dismissing the plea of Kejriwal declaring it "devoid of any merit", now the trial is set to resume hearing in the defamation case against the Aam Aadmi Party (AAP) leaders.

The high court, in its 30-page judgment, said: "There is no illegality or un-sustainability in the law in continuation of the criminal proceedings before the Chief Metropolitan Magistrate, and he is empowered to continue the same. Resultantly, the petitioner's (Kejriwal) request to adjourn the trial proceedings is rejected."

The clarified that both matters between Kejriwal and Jaitley -- civil suit pending before the high and the criminal defamation case before the trial -- are "separate and independent proceedings and they can go side by side".

"There is no legal impediment to invoke the civil proceedings for defamation as well as initiating the criminal proceedings for defamation simultaneously and continuation of the same," the order stated.

Kejriwal had challenged the trial court's May 19 order to turn down his plea to stay the hearing in the criminal defamation case till the high decided a related civil suit.

Kejriwal had said that there are two cases -- one civil and the other criminal -- filed against AAP leaders on similar allegations, so the trial should have stayed the proceedings in the matter, but it had declined.

The CM seeking stay on the criminal defamation proceedings had told the high that Jaitley had filed two cases simultaneously, which amounted to 'double jeopardy' as the AAP leaders would be tried twice for the same offence.

Jaitley had filed the criminal defamation complaint in the trial court, alleging Kejriwal and the five AAP leaders -- Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai -- had defamed him in the & District Cricket Association (DDCA) controversy.

Besides the criminal defamation case, Jaitley also filed a civil defamation suit before the High seeking Rs 10 crore in damages from Kejriwal and the five AAP leaders for issuing allegedly false and defamatory statements against him and his family over alleged wrongdoing in the DDCA when he was its President from December 1999 to December 2013.

--IANS

gt/nir/bg

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

image
Business Standard
177 22

Upgrade To Premium Services

Welcome User

Business Standard is happy to inform you of the launch of "Business Standard Premium Services"

As a premium subscriber you get an across device unfettered access to a range of services which include:

  • Access Exclusive content - articles, features & opinion pieces
  • Weekly Industry/Genre specific newsletters - Choose multiple industries/genres
  • Access to 17 plus years of content archives
  • Set Stock price alerts for your portfolio and watch list and get them delivered to your e-mail box
  • End of day news alerts on 5 companies (via email)
  • NEW: Get seamless access to WSJ.com at a great price. No additional sign-up required.
 

Premium Services

In Partnership with

 

Dear Guest,

 

Welcome to the premium services of Business Standard brought to you courtesy FIS.
Kindly visit the Manage my subscription page to discover the benefits of this programme.

Enjoy Reading!
Team Business Standard