SC extends stay on proceedings against Kejriwal in election law violation case in UP

New Delhi, March 27

The Supreme Court on Monday extended its order granting an interim stay on the proceedings against Delhi Chief Minister Arvind Kejriwal in a criminal case lodged against him in Uttar Pradesh for alleged objectionable remarks against the BJP and Congress during the 2014 Lok Sabha elections.

“Interim order to continue,” said a Bench led by Justice KM Joseph which had on February 17 stayed proceedings against Kejriwal before a Sultanpur trial court.

The Bench posted the matter for hearing in the first week of May as no one appeared for the respondents. Senior advocate AM Singhvi represented Kejriwal.

The Delhi Chief Minister is accused of an offence under Section 125 of the Representation of the People (RP) Act, 1951, relating to promoting enmity between classes in connection with elections.

Earlier, the top court had issued notice to the state of Uttar Pradesh Government on his petition challenging an order of the Lucknow Bench of the Allahabad High Court which declined to discharge him in the case last month.

Kejriwal had allegedly said on May 2, 2014, “Those who vote for the Congress will be betraying the nation, and even God will not forgive those who vote for the BJP”.

Kejriwal has contended that the petition raised some important questions of law, including whether a case under section 125 of the 1951 Act can be made out without there being any video clip or full transcript of the alleged speech made by the accused.

“Whether merely mentioning the name of God, can amount to promoting enmity and hatred between different classes of citizens?” he wondered in the petition even as the Bench had said “Politicians will have to be very careful.”