The Allahabad High Court denied relief to Delhi Chief Minister Arvind Kejriwal by upholding an order of a Sessions Court that rejected his revision plea seeking discharge in a case of alleged inflammatory speech in the run-up to the 2014 Lok Sabha election.
Mr. Kejriwal was accused of violating the model code of conduct in 2014 for his remark: “Jo Congress ko vote dega, mera maanna hoga, desh ke saath gaddari hogi... jo Bhajpa ko vote dega use khuda bhi maaf nahin karega, desh ke sath gaddari hogi”. [Those who vote for the Congress, I would believe, will be betraying the country... The one who votes for the BJP, even God will not forgive him, he will be betraying the country.]
The Bench of Justice Rajesh Singh Chauhan observed that it appeared from the statement that Mr. Kejriwal threatened voters in the name of khuda knowing fully that the word khuda would influence a certain section of voters belonging to a different religion.
The Allahabad High Court observed, “The statement so given by the applicant is not so plain and simple inasmuch as for one set of voters, he is uttering the term ‘gaddar of the country’ and for the other set of voters, he is saying that ‘khuda shall not pardon them’. Prima facie, it appears that he is threatening the latter voters in the name of khuda knowing fully well that if he uses the term khuda, some set of voters belonging to a different religion might have severely been influenced”.
Following Mr. Kejriwal’s speech in 2014, a first information report (FIR) was lodged against him under Section 125 of the Representation of the People Act, 1951 [promoting enmity between classes in connection with election]. The trial court took cognisance of the matter on September 6, 2014, and summoned Mr. Kejriwal, who moved the High Court and the Supreme Court seeking relief in the matter. The courts asked him to approach the trial court for redressal in the case.
Thereafter, Mr. Kejriwal moved a discharge petition before the court of Additional Chief Judicial Magistrate (ACJM, special Judge MP/MLA), Sultanpur, which dismissed it in August 2022. The Delhi CM also filed a revision application before the Session Judge, which was also dismissed it in October 2022. Consequently, he moved the Allahabad High Court HC with the instant Section 482 plea. Mr. Kejriwal’s counsel Mahmood Alam challenged both the orders arguing that his client could not be held liable for the offence under Section 125 as Mr. Kejriwal had not made any appeal for votes on the ground of religion and his words didn’t promote enmity between classes.
The High Court refused to intervene in the orders of the ACJM Court and Sessions Court and dismissed his plea.
