Defamation case: Kejriwal fails to get relief from SC


New Delhi: Delhi Chief Minister Arvind Kejriwal on Tuesday failed to get relief from the Supreme Court which dismissed his plea for a stay on proceedings in a criminal defamation case filed by Union Minister Arun Jaitley against him.

His counsel Ram Jethmalani tried to give a political colour to the matter by saying the case is a result of a fight between a "powerful minister" and the chief minister of a small state.

Jethmalani’s arguments, including his attempt to rake up the issue of differences between judiciary and Centre over appointment of judges, did not cut ice with the apex court which refused to interfere with the judgement of the Delhi High Court giving the go ahead to the trial court in the criminal defamation against Kejriwal.

"We have seen the judgements of Delhi High Court and trial court. We can’t interfere with the judgements. In the facts and circumstances of the case, the petition is dismissed," a bench of Justices P C Ghose and U U Lalit said.

Attorney General Mukul Rohatgi, who was present in the courtroom, did not make any submission to counter the arguments of Jethmalani.

Jethmalani sought a stay on the trial court proceedings in the case till the civil proceedings in the Delhi High Court continued.

The bench brushed aside Jethmalani’s arguments that "appointment of judges in the High Court is being interfered.

This is a fact known to every child in the country."

"Sir, we must please confine ourselves to the facts of the matter," the bench told Jethmalani.

Failing to persuade the bench, Jethmalani sought protection for Kejriwal by again saying that it is the fight between a person who is the finance minister of the country and a chief minister of a state.

"This is a fight between a finance minister of the country and a Chief Minister of a small state. Please protect the Chief Minister. You know what things are going on these days," the senior advocate said.

To this the bench again said, "We must not look beyond the records of the matter."

Jethmalani said that the decision or view of the High Court, where civil proceedings are going on, will be binding on the subordinate court, where criminal proceedings on the similar facts and circumstances of the case are pending.


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