The Supreme Court on Friday stayed defamation proceedings against Delhi Chief Minister Arvind Kejriwal on complaints filed by Congress leader Kapil Sibal’s son Amit Sibal and Sheila Dikshit’s ex-political secretary.
A bench of Justices Dipak Misra and P C Pant, which had earlier stayed proceedings in a criminal defamation case against him filed by BJP leader Nitin Gadkari, turned down the plea of Sibal not to restrain the trial court from hearing the case.
“We will not deviate from our own order,” the bench said while referring to its earlier order.
Sibal filed defamation case against Kejriwal after the CM had alleged that he had taken advantage of his father’s position during UPA regime to represent a telecom company in court.
Kejriwal had said Amit Sibal had appeared in the SC for telecom firm Vodafone, while his father was the communication minister.
Another defamation case was filed by Sheila Dikshit’s ex-political secretary Pawan Khera for his alleged defamatory remarks against the former CM during power tariff hike protests in October, 2012.
Khera had filed the case saying Kejriwal had used “false and filthy” language against the then chief minister in a television show.
On April 17, the court had stayed the proceedings in defamation cases filed by Nitin Gadkari and an advocate.
Challenging the constitutional validity of criminal defamation law, Kejriwal said it was a British legacy and it must be scrapped because of its chilling effect on healthy debate and criticism. He had said that Section 499 and 500 of Indian Penal Code, making defamation an offence punishable by up to a two-year jail term, are unconstitutional.
The court is already examining the issue of decriminalizing defamation law and has sought response from the Centre on the issue on a petition filed by BJP leader Subramanian Swamy.
The apex court on April 7 asked the Centre to spell out its stand on decriminalizing defamation law and appointed senior advocates T R Andharujina and K Parasaran as amicus curie (friend of the court) to assist it in the case.
Defamation proceedings can also be initiated by filing a civil suit.