Supreme Court Defers Hearing on Kejriwal, Atishi Plea in BJP-Linked Defamation Case Till April 21

New Delhi: The Supreme Court on Tuesday deferred the hearing on a petition filed by Aam Aadmi Party (AAP) chief Arvind Kejriwal and former Delhi Chief Minister Atishi in connection with a defamation case linked to the Bharatiya Janata Party (BJP), postponing the matter until April 21.

The petition challenges an order refusing to quash criminal defamation proceedings initiated against the AAP leaders over their alleged remarks concerning the deletion of voters’ names from electoral rolls. A bench comprising Justice M. M. Sundresh and Justice N. K. Singh said the case required a detailed hearing and, therefore, adjourned the matter.

Arguments Before the Court

Senior advocate Meenakshi Arora, appearing for the AAP leaders, submitted that the bench had indicated the matter should be taken up on regular hearing days—Tuesday, Wednesday and Thursday—prompting a request for adjournment. Representing the Centre, Additional Solicitor General S. V. Raju argued that the defamation complaint pertained to a political party and that the complainant had been duly authorised by the party to file the case.

Background of the Case

Earlier, on September 30, 2024, the Supreme Court had issued notice to the complainant, Rajiv Babbar, and stayed proceedings before the trial court. The apex court had observed that a key legal question involved whether a complainant or a political party could fall within the definition of an “aggrieved person” under Section 199 of the Code of Criminal Procedure.

However, the Delhi High Court had earlier held that the allegations made by the AAP leaders were prima facie defamatory, stating that they appeared intended to malign the BJP and derive undue political advantage. The High Court dismissed petitions filed by Atishi, Kejriwal, former Rajya Sabha MP Sushil Kumar Gupta, and AAP leader Manoj Kumar, refusing to interfere with the summons issued by a lower court under Sections 499 and 500 of the Indian Penal Code.

Defamation Complaint by Delhi BJP

The defamation complaint was filed by Rajiv Babbar on behalf of the Delhi unit of the BJP. Babbar alleged that during a press conference in December 2018, AAP leaders accused the BJP and the Election Commission of deleting the names of nearly 30 lakh voters belonging to the Bania, Purvanchali and Muslim communities from the electoral rolls, thereby harming the party’s reputation.

Kejriwal and the other accused have maintained that no offence of defamation or any other crime is made out against them and that the lower courts failed to appreciate this fact.

The Supreme Court will now take up the matter for further hearing on April 21.