Delhi’s Rouse Avenue Court has refused to summon Chief Minister Arvind Kejriwal in a criminal complaint filed by a BJP leader who accused him of defamation for alleging that AAP leaders were approached to join the saffron party in return for cash.
However, Additional Chief Metropolitan Magistrate Tanya Bamniyal summoned AAP leader Atishi, stating that “prima facie” there was sufficient evidence against her in the matter.
The judge directed Atishi, a minister in the Kejriwal cabinet, to appear before the court on June 29.
The case was filed by BJP leader Praveen Shankar Kapoor against Arvind Kejriwal and Atishi over the poaching allegations made by the two.
Court’s Analysis
“Having considered the facts and circumstances, the testimonies of the complainant’s witnesses, and the evidence placed on record, it prima facie appears that the alleged accused no. 1 (Atishi) has made specific defamatory statements as aforementioned against the complainant,” the judge stated.
Further, the judge said, “It prima facie appears that the aforementioned defamatory statements made by Atishi have been sufficiently published in the electronic media/social media, which may cause right-thinking members of society to hold negative views against the complainant.”
“It appears that Atishi, through her spoken words and written statements intended to be read, has made defamatory imputations that prima facie have tarnished the reputation of the complainant among right-thinking members of society. This has been done with the knowledge and intention to harm the complainant’s reputation,” the judge added.
No Offence Established Against Kejriwal
“However, in view of the reasons stated above, ‘no prima facie offence is established against Kejriwal’,” the judge clarified.
“Therefore, based on the above discussion, there exist sufficient grounds to summon accused Atishi Marlena under section 500 (defamation) IPC,” the judge concluded.
Kapoor alleged that the claims made by the two senior AAP leaders against the BJP are false, stating that the duo had not provided any material to substantiate the allegations.
