For comments after being assaulted, Delhi CM summoned by court

Additional Chief Metropolitan Magistrate Samar Vishal, in his interim order, noted that “allegations of the respondents are prima facie defamatory and refer to complainant Vijender Gupta, making him an aggrieved person”.

A Delhi court Monday summoned Chief Minister Arvind Kejriwal and his deputy Manish Sisodia in a defamation case filed by BJP leader Vijender Gupta. They have to appear on July 16.

Additional Chief Metropolitan Magistrate Samar Vishal, in his interim order, noted that “allegations of the respondents are prima facie defamatory and refer to complainant Vijender Gupta, making him an aggrieved person”. “Therefore, in view of the aforesaid discussion, there exists sufficient grounds to proceed against the respondents Arvind Kejriwal and Manish Sisodia under Section 500 IPC (punishment for defamation),” the order read.

On May 4, Kejriwal was campaigning for the Lok Sabha elections in West Delhi when he was slapped by a 33-year-old man, Suresh Chauhan, who was later arrested. As per Gupta’s statement to the court, Kejriwal blamed the BJP for the attack. Gupta also submitted a tweet by Sisodia, which he said was in response to his own tweet. “Manish Sisodia tweeted that the complainant (Gupta) is involved in a conspiracy to kill Arvind Kejriwal,” Gupta submitted. He also told the court that the same day, “Kejriwal also made a tweet that BJP wants to get him killed…”

The court noted that “in order to decide whether to summon respondents, existence of only a prima facie case to summon them has to be seen in contrast to the standard of ‘proof beyond reasonable doubt’ required for conviction”.

“One of the test is whether under the circumstances in which the writing was published, reasonable men to whom the publication was made would be likely to understand it in a defamatory sense…,” the court added.

ACMM Vishal in his order said, “The defences have to be pleaded and proved by the person charged with defamation. At the initial stage, the court has to look into the complaint and the statement/evidence of the complainant and has to believe him.”

Reacting to the order, AAP spokesperson Saurabh Bhardwaj claimed: “Everybody has seen the interview of the wife of the accused who attacked Kejriwal. She said the attacker was a BJP supporter… Amateurs have been attacking the CM despite Z Security by Delhi Police. This cannot happen unless police is lowering its guard. Why has there been no action against any top officer… Does it not show connivance?”

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