Kejriwal has no right to ask Delhi to pay his legal bills: KTS Tulsi

SC advocate and Rajya Sabha member, Tulsi, says the law is very clear on such matters

In the defamation case filed by Union Finance Minister Arun Jaitley against Delhi Chief Minister Arvind Kejriwal, the issue of footing Kejriwal’s legal bills has been heavily debated. While the Aam Aadmi Party-led state government believes that since the Delhi & District Cricket Association (DDCA) is a public entity and it is an issue of corruption, the government is fighting the case and not Kejriwal in his personal capacity. But KTS TULSI, member of the Rajya Sabha and a senior Supreme Court advocate, tells Manavi Kapur that Kejriwal has no right to use the state government machinery to fight his legal battles or advance his political objectives. 

Edited excerpts:

Is the defamation case filed by Arun Jaitley against Arvind Kejriwal merely a personal matter between two individuals? 

It seems that it is a personal matter because Kejriwal has not dealt with the case in his official capacity. He has no jurisdiction on the Delhi Police to direct the registration of an FIR or make preliminary enquiries. Therefore, nor has any official report been presented to him as chief minister with regard to the allegations of financial irregularities in DDCA or sexual exploitation for selection. Whatever Kejriwal has been saying is on the basis of his private information. And thus, if that information turns out to be defamatory and constitutes an offence or a civil wrong, he will have to defend it in his personal capacity and cannot pass on the burden to the state or the people.

The sad reality is that in our country, people occupying high offices can so light-heartedly make false and frivolous allegations against others. The main reason why they continue to do this with impunity is because the judicial process is so slow that initiation of defamation cases is like shooting yourself in the foot. The criminal law machinery moves at a snail’s pace. One could end up in interminable litigation where same allegations will get repeated on every hearing. It happens too often that reputation built over a lifetime’s effort can be attacked, knowing fully well that the remedy against such allegations is illusionary because it takes too long. If one files a defamation case, perhaps one’s grandchildren will have to continue fighting it.

Is Kejriwal justified in asking the taxpayer of Delhi to foot his legal bills?

I think that the law is very clear. Only if he was acting in his official capacity or purporting to act in his official capacity would he be defended by the state. In this case, DDCA is outside the scope of his duties. DDCA’s land for the stadium belongs to the Delhi Development Authority and DDA is controlled by the Ministry of Urban Development. It is not answerable to the Delhi government. If Kejriwal is not acting in official capacity, he cannot claim state funds for his defence.

Purely from a legal point of view, does the Delhi government have any right to use public money for newspaper advertisements, particularly those pertaining to elections in Goa and Punjab?

No, I don’t think government funds can be used for political purposes or advancing your political objectives. The funds of the Delhi government are meant for the people of Delhi. They cannot be hijacked for Punjab, Goa or any other state. Using state funds for such ads would not only be an offence under the Prevention of Corruption Act, but also amount to an offence of misappropriation and criminal breach of trust as it is causing a loss of all that money to the people and government of Delhi.

Is the AAP government liable to pay back that amount, as directed by Lieutenant-Governor Anil Baijal?

They are certainly liable to pay back, but even that will not relieve them of the offences that they have already committed.

What are the legal repercussions if the state government  refuses to do so?

Kejriwal and party leaders could be prosecuted if these cases are entrusted to the appropriate authorities for investigation. And, if on investigation they find that the government funds have been diverted, chargesheets could be filed against them in criminal courts for misappropriation and criminal breach of trust.