The Supreme Court is set to hear a plea on Monday by Delhi Chief Minister Atishi and AAP leader Arvind Kejriwal, challenging a high court ruling that declined to dismiss a defamation case against them. The case stems from their remarks regarding the alleged deletion of 30 lakh voters, belonging to certain communities, from the electoral rolls.
A bench comprising Justices Hrishikesh Roy and S V N Bhatti on Friday acknowledged submissions from senior advocate Sonia Mathur, representing BJP leader Rajiv Babbar, who pointed out that her caveat was not included in the office report. She added that she was unable to file a response, as the petition had been served to her late on Thursday evening.
The bench listed the matter for hearing on Monday. Representing Atishi and Kejriwal in the court, senior advocate Abhishek Singhvi said he can argue the matter on September 30. Atishi and Kejriwal have filed a challenge against the Delhi High Court's September 2 order, which refused to dismiss the proceedings against them and other Aam Aadmi Party (AAP) leaders. The case revolves around their remarks concerning the alleged deletion of voters' names, with the court stating that the imputations, on the face of it, harmed the reputation of the Bharatiya Janata Party (BJP).
The high court had noted that the imputations appeared prima facie "defamatory," aimed at maligning the BJP and securing undue political advantage. It dismissed the plea filed by Atishi, Kejriwal, former Rajya Sabha MP Sushil Kumar Gupta, and AAP leader Manoj Kumar, which sought to challenge the defamation proceedings pending before the trial court.
It had said the summoning order passed by the trial court for the commission of offences under sections 499 (defamation) and 500 (punishment for defamation) of the Indian Penal Code (IPC) does not call for any interference.