SC stays Kejriwal govt's circular on defamation proceedings against media houses

NEW DELHI: The Supreme Court on Thursday rapped Delhi chief minister Arvind Kejriwal for “running with the hares and hunting with the hounds” and stayed his government’s recent decision to initiate criminal cases against those, including the media, who level defamatory charges against the CM and ministers.
Just a fortnight back, the SC had stayed criminal defamation proceedings against Kejriwal, which was initiated by advocate Amit Sibal for certain alleged defamatory remarks made by him.The court had also entertained Kejriwal’s writ petition challenging the constitutional validity of criminal defamation provision in the Indian Penal Code. The CM had pleaded that it impaired the right to freedom of speech and expression.
READ ALSO: Arvind Kejriwal under attack over AAP govt's circular on 'defamatory' news
A bench of Justices Dipak Misra and P C Pant was surprised by the contrast when Amit Sibal’s counsel Siddharth Luthra said a government run by a man who had challenged the constitutional validity of criminal defamation provision in IPC had issued a circular “to deal with instances of defamatory imputations covered under Sec 499/500 of IPC against the CM and ministers”. The bench had no hesitation in ordering a stay on the circular. “We agree with your (Sibal’s) contention that, on one hand, he claims to suffer but, on the other hand, intends to pursue case of criminal defamation against others. His government should explain why such circular was issued,” the bench said while issuing notice to the AAP government. It sought reply from the AAP government by July 8.
READ ALSO: Media has taken contract for ruining AAP, Kejriwal says
A week after the SC stayed the criminal defamation case against Kejriwal, the AAP government issued a circular on May 6 seeking to examine media reports for criminal defamatory content against Kejriwal and his council of ministers, who have been facing a tough time due to a series of missteps, including the alleged fake law degree of the law minister. Sibal’s petition pointed out that Kejriwal had said he was the chief minister of Delhi and criminal defamation proceedings initiated against him required him to be present in court often, thus greatly affecting his work as CM. He had also said the cases seriously affected his right to freedom of speech and expression.
Sibal said, “The circular issued directly contradicts and militates against the stand taken by him in his writ petition… it is clear that the petition (filed by Kejriwal) is dishonest, vexatious and frivolous. In the light of above circumstances, the stay (on defamation proceedings against Kejriwal) granted by the Supreme Court on May 1 is liable to be vacated.”
His (Arvind Kejriwal’s) government should explain why such a circular was issued, the bench said while issuing notice to the AAP government. It has sought a reply from the government by July 8.
Read this in Hindi: दिल्ली सरकार के 'मीडिया विरोधी' सर्कुलर पर सुप्रीम कोर्ट की रोक