SC To Take Up Kejriwal, Atishi Challenge To Defamation Summons

The Supreme Court will hear on Tuesday a petition filed by Aam Aadmi Party (AAP) chief Arvind Kejriwal and former Delhi Chief Minister Atishi. Through the plea, they have sought the cancellation of the summons issued to them in a defamation matter arising from their remarks on the alleged removal of voters’ names from electoral rolls.

As per the cause list released by the apex court, a Bench comprising Justice MM Sundresh and Justice NK Singh will hear the case.

The top court had earlier provided interim relief to Kejriwal and Atishi by halting further proceedings in the defamation case lodged by BJP leader Rajiv Babbar. While granting the stay, the court underlined that it must apply a stricter standard when evaluating political expression.

In its interim observations, a Bench led by Justice Hrishikesh Roy, who has since retired, stated that the court would need to examine in detail whether a political party could claim to be an aggrieved party in a defamation suit.

The court had issued notice in the matter and ordered a pause on the trial proceedings until further orders.

High Court Refusal to Intervene

In September 2024, the Delhi High Court refused to quash the trial court’s order summoning the AAP leaders under the defamation provisions of the Indian Penal Code, which were later repealed.

The High Court held that the petitioners would have to establish their claims of good faith and public interest during the trial.

Justice Anoop Kumar Mendiratta observed that the statements in question appeared, at first glance, to be defamatory and aimed at maligning the BJP for political advantage. He also pointed out that the responsibility for updating electoral rolls rests with the Election Commission, not political parties.

The case originated in March 2019, when a trial court summoned Kejriwal, Atishi and others following a complaint by Rajiv Babbar, representing the BJP’s Delhi unit.

Babbar alleged that AAP leaders had falsely accused the BJP of orchestrating the deletion of nearly 30 lakh voters belonging to certain communities. After the Delhi High Court refused to interfere with the summons, Kejriwal and Atishi moved the Supreme Court seeking to have the proceedings quashed.

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