DDCA case: Delhi Chief Minister Arvind Kejriwal appears before court, gets bail

He was granted bail on furnishing a personal bond of ₹10,000 and a surety of like amount

March 21, 2017 06:44 pm | Updated March 22, 2017 12:10 am IST - New Delhi

Delhi Chief Minister Arvind Kejriwal arrives at the Tees Hazari Court, in new Delhi on Tuesday.

Delhi Chief Minister Arvind Kejriwal arrives at the Tees Hazari Court, in new Delhi on Tuesday.

Delhi Chief Minister Arvind Kejriwal on Tuesday appeared before a court here and was granted bail in a defamation case filed by the Delhi & Districts Cricket Association (DDCA) and its former vice-president and current UP Minister Chetan Chauhan.

Granting the bail, Metropolitan Magistrate Abhilash Malhotra said: “As the offence is bailable, Mr. Kejriwal is admitted to bail on furnishing a personal and a surety bond for a sum of ₹ 10,000 each.”

Personal appearance

Earlier, the Chief Minister’s counsel sought exemption from personal appearance for him, urging the court to first decide his application for quashing of the complaint.

But when the Magistrate insisted on his appearance saying the accused has to first establish his identity before the court and there should be a valid ground for seeking exemption. So the Chief Minister changed his mind and appeared before the court.

TV interview

The complainants alleged that they were aggrieved by Mr. Kejriwal’s statement during an interview with NDTV in December 2015. “... a very senior journalist told me over the phone that he got a call that his son was selected (for playing cricket), but when the list came out his name was not there. The next day, his wife got an SMS that you come to my office (official’s house) at night and your son’s name will be there (in the list),” the Chief Minister had allegedly said.

‘No details divulged’

Summoning Mr. Kejriwal in January, the Magistrate had said: “It is prima facie clear from the record that Mr. Kejriwal during his interview to NDTV has made the remark. No details are divulged by Mr. Kejriwal during his interview.”

“It is clear that Mr. Kejriwal made such a defamatory remark on the basis of hearsay information from his friend. Accordingly, the provisions of Sections 499, 500 of the IPC [defamation] are attracted against Mr. Kejriwal,” the Magistrate said.

Azad summoned

The court had also summoned suspended BJP MP Kirti Azad. Against him, the complainants alleged that he had endorsed Mr. Kejriwal’s defamatory expression by saying “this is nothing new,” and that he had raised a similar issue in 2007.

“It is prima facie clear that Mr. Azad has levelled disparaging allegations against the DDCA and its officials, alleging selection of players in consideration of sexual favours. Accordingly, the provisions of Sections 499, 500 of the IPC are attracted against Mr. Azad,” the magistrate said. Mr. Azad has sought dropping of charges against him.

Political mileage

The plea had claimed that defamatory statements were made by Mr.Kejriwal and Mr. Azad, who is himself a member of DDCA, “to remain in the public eye and gain political mileage“.

Mr. Kejriwal had sought dropping of proceedings against him on the ground that DDCA is a juristic person (not a living human being) and the allegations are that he defamed the complainant by saying that sexual favours were demanded by the members of the cricketing body.

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