A Bench headed by Justice Dipak Mishra stayed the May 6 circular after advocate Amit Sibal, son of former law minister Kapil Sibal, told the Bench that this court has already granted relief to Kejriwal by staying a criminal defamation case initiated by him against the CM and he can't issue such circular at the same time.
In a major embarrassment to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Thursday stayed the state government's anti-media circular, allowing the government to proceed against a person who publishes defamatory imputation against Delhi CM, ministers, or any public servant. Asking Kejriwal to explain why the directorate of information has issued "such circular", the court sought a reply within six weeks and listed the matter for further hearing on July 8.
A Bench headed by Justice Dipak Mishra stayed the May 6 circular after advocate Amit Sibal, son of former law minister Kapil Sibal, told the Bench that this court has already granted relief to Kejriwal by staying a criminal defamation case initiated by him against the CM and he can't issue such circular at the same time.
Sibal's counsel Abhishek Manu Singhvi said Kejriwal has already challenged the constitutional validity of defamation law sections 499 and 500 of IPC. The court has granted stay on the proceedings before trial court. He doesn't deserve any relief from court.
Seeking vacation of stay, Sibal's plea said "The circular directly contradicts and militates the stand taken by him in this petition. In view of the circular, it is clear that his petition is dishonest, vexatious and frivolous."
"In the light of these circumstances, stay granted to him on May 1 is liable to be vacated," the plea said. According to the circular issued by the directorate of information and publicity department of Delhi government, if any officer associated with the Delhi government feels that the published or aired news item damages his or the government's reputation, he should file a complaint with the principal secretary (home).
The AAP government's circular was largely criticised by political leaders cutting across party lines as well as various media organisations.
'Height of hypocrisy'
Senior advocate Prashant Bhushan on Thursday said the Supreme Court, while staying the Delhi government's anti-media circular, had termed it as the 'height of hypocrisy' on the part of CM Kejriwal. "The court said you can't ask for criminal defamation to be declared unconstitutional on one hand and then use the same law for prosecuting media on the other hand," Bhushan told ANI. Bhushan further said the Delhi Government's circular to media houses smacked of an attempt to threaten and browbeat the media.
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