Delhi Court says won’t stay case against CM Arvind Kejriwal

A Delhi court on Thursday refused to stay proceedings in a criminal defamation case lodged against Delhi chief minister Arvind Kejriwal, AAP leaders Kumar Vishwas, Ashutosh, Sanjay Singh and others by Union finance minister Arun Jaitley.

Senior lawyer Ram Jethmalani, who appeared for Mr Kejriwal, moved an application before the court under Section 309 (2) of CrPC praying for adjourning the case for a reasonable time. In the application, Mr Jethmalani requested the court to stay the proceeding of the case.

“The suit for damages before the Delhi high court is pending between the same set of parties, let it be decided or in the alternative this present case be adjourned for some time enabling us to approach the Delhi high court to seek such relief,” the plea moved by Mr Jethmalani said. However, the court rejected the contention, saying it cannot stay the proceedings on its own merely on account of a civil suit pending before the Delhi high court.

“In my opinion the civil suit for damages on account of defamation and criminal defamation case both stand on different footing and can be tried simultaneously and there is no impediment qua proceedings further in the case in hand. The accused persons have been summoned in the case and as on date, there is no stay whatsoever from any court of law,” the court noted while rejecting Mr Kejriwal’s plea. The court has now fixed July 16 to hear arguments on the notice. During the hearing, two separate pleas were filed before the court on the behalf of the counsel appearing for Sanjay Singh and Ashutosh, seeking personal exemption from the hearing. They said Mr Singh had gone to meet his mother who had met with an accident and Ashutosh was busy with some work in Goa. The court allowed their pleas.

H.S. Phoolka, who was appearing for Ashutosh, told the court that they were not supplied legible copies of the documents filed with the complaint.