New Delhi (Agency): The Supreme Court of India has adjourned the hearing of a plea by Delhi Chief Minister Arvind Kejriwal for four weeks. The plea seeks to dismiss a case against him for allegedly making divisive comments against the BJP and the Congress during the 2014 Lok Sabha election campaign in Uttar Pradesh.
Kejriwal moved to the Supreme Court after the Lucknow bench of the Allahabad High Court refused to dismiss the case against him. The case is currently pending in a trial court in Sultanpur, Uttar Pradesh. A bench of Justices M M Sundresh and J B Pardiwala stated that they would take up the matter again after four weeks, noting a request for adjournment from Kejriwal’s counsel.
Kejriwal is accused under section 125 of the Representation of the People (RP) Act, 1951, for promoting enmity between different classes in connection with elections. According to allegations, he said during his campaign, “Those who will vote for the Congress will be betraying the nation, and God will not forgive those who will vote for the BJP.”
In his plea to the Supreme Court, Kejriwal argued that there are important legal questions involved. These include whether a case under section 125 can be made without video evidence or a full transcript of the alleged speech. His plea also said that a complaint was filed against him two days after the alleged comments, accusing him only of violating the Model Code of Conduct. However, the police registered an FIR against him under section 125 of the RP Act on the same day, without an independent inquiry.
Kejriwal’s plea further claims that there is no concrete evidence to prove that he made such comments. It argues that merely mentioning “God” does not amount to promoting enmity between different classes of citizens. The plea also states that Kejriwal had not referred to any specific religion or caste, but only to political parties. Therefore, a political party cannot be considered a “class of citizens” under section 125 of the RP Act.
