Electoral roll: Delhi HC refuses to quash defamation case against Kejriwal, AAP leaders

New Delhi, September 2

The Delhi High Court on Monday refused to quash the defamation proceedings against Chief Minister Arvind Kejriwal and other AAP leaders, including Atishi, Sushil Kumar Gupta and Manoj Kumar.

The case stems from their comments regarding the alleged deletion of voter names from the electoral roll in Delhi, which they claimed was orchestrated by the BJP.

The Bench of Justice Anoop Kumar Mendiratta said the remarks made by the AAP leaders were “prima facie defamatory” and appeared to be intended to defame the BJP by blaming it for the deletion of voter names.

The Bench dismissed AAP leaders’ defence that their statements were made in good faith for public welfare, adding that this would need to be proven during the trial.

The court upheld the trial court’s decision to summon Kejriwal and other AAP leaders for defamation, stating that the remarks were likely made to gain political mileage.

The high court, which had on February 28, 2020 stayed the proceedings, vacated the interim order and asked the parties to appear before the trial court on October 3.

The case originated from a defamation complaint filed by BJP leader Rajeev Babbar, who accused AAP leaders of harming the BJP’s reputation by alleging that the party was responsible for the deletion of over 30 lakh voters from the electoral rolls in 2018.

The AAP leaders had claimed that voters from the Bania, Poorvanchali and Muslim communities were disproportionately affected by this alleged deletion.

‘Tweets malicious to BJP’

Prima facie the tweets and press conferences appear to be malicious and defamatory to the BJP and specifically to its Delhi unit and the office-bearers of the party. — Delhi High Court