Supreme Court on Friday stayed proceedings against Delhi chief minister Arvind Kejriwal in two defamation cases.

NEW DELHI: The Supreme court on Friday stayed proceedings against Delhi chief minister Arvind Kejriwal in two defamation cases, one filed by BJP leader Nitin Gadkari and the other by a lawyer.

A bench of Justice Dipak Misra and Justice PC Pant has also agreed to hear Kejriwal’s plea for decriminalizing defamation law.

Facing repeated court appearance in various criminal defamation cases filed against him, Delhi chief minister Arvind Kejriwal had moved the apex court for stay on proceedings in cases against him.

The Aam Aadmi Party leader in his petition also challenged constitutional validity of Section 499 and 500 of IPC making defamation an offence punishable by up to a two-year jail term.

The petition, filed through advocate Chirag Shroff, said that penal provision for defamation is unconstitutional as it puts unreasonable restrictions on freedom of speech and expression, a right guaranteed by the Constitution.

He said that the provision is being misused and should be removed from the rule book.

Kejriwal is facing criminal prosecution for allegedly making defamatory statements against Gadkari.

Kapil Sibal’s son has also filed a defamation case against Kejriwal.

The top court is already examining the issue and had sought response from the Centre on decriminalizing defamation law on a petition filed by BJP leader Subramanian Swamy.

The apex court had on April 7 asked the Centre to spell out its stand on decriminalizing defamation law.

Defamation proceedings can also be initiated by filing a civil suit.

The court has appointed senior advocates TR Andharujina and K Parasaran as amicus curie (friend of the court) to assist it in the case.

The government, however, contended that defamation is mentioned in Article 19(2) of the Constitution which deals with restrictions on freedom of speech.

TOI | Apr 17, 2015

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