Defamation case: Kejriwal, Sisodia, Yogendra forced to appear


New Delhi, Mar 17, 2015 (PTI): Chief Minister Arvind Kejriwal, his deputy Manish Sisodia and dissident AAP leader Yogendra Yadav were today forced to appear before a Delhi Court in a criminal defamation case after their failure to do so drew a stinging remark by the judge that they have "no respect for law".

"There is nothing to reflect why the accused (Kejriwal, Sisodia and Yadav) have not appeared. Accused have no respect for law. Considering no one has appeared for accused, I am keeping the matter pending at 2PM. Call at 2PM," Metropolitan Magistrate Mayuri Singh said after the trio failed to comply with court's order that they were to "positively" appear today.

Hours after the court rejected their plea for exemption from personal appearance for the day citing lawyers' strike, the Chief Minister, Deputy CM and Yadav showed up before the Magistrate who marked their presence and fixed the case for May 2 for pronouncing order on the issue of whether to frame charges against the accused.

Kejriwal and Sisodia reached the court room together at around 1.45 pm while AAP leader Yogendra Yadav arrived few minutes later.

The presence of the Chief Minister resulted in over crowding of the court room and the premises prompting the magistrate to ask the onlookers to vacate the room.

On the arrival of the three leaders, the police barricaded the premises and the court room, which was already filled with advocates, litigants, mediapersons and staff of other courts, was latched from inside.

The case was put up before link magistrate Singh as Metropolitan Magistrate Muneesh Garg, before whom the matter was going on, was on leave today.

"As the presiding officer (before whom the case is going on) is on leave, I will fix the case for the purpose already fixed and will give you the date.

"I have marked the presence of the three accused, they can leave," the magistrate said.

The three leaders had sought exemption from personal appearance for the day saying the case was at a crucial stage and the presence of advocates was necessary.

Later on, the lawyers, including senior advocate H S Phoolka and advocate Rahul Mehra, who accompanied the AAP leaders were without bands due to the strike.

In the morning, the court had directed them to personally appear before it at 2 pm saying there was no ground for exemption from their appearance and they "have no respect for the law".

The court said the exemption application displayed no reason for the absence of the accused.

The court had noted that a clerk appeared on behalf of the accused and their advocates and moved the exemption plea.

The exemption plea, however, was opposed by complainant and advocate Surender Kumar Sharma saying the lawyers are on strike and not the litigants.

"It is mockery of justice. It would not be in the interest of justice if any adjournment is given in the case as the matter had earlier been adjourned three times due to absence of the accused," he said.

The court had earlier issued summons against the three AAP leaders under sections 499, 500 (defamation) and 34 (common intention) of the IPC, and had said there was prima facie material to summon the accused.

The court had granted bail to Kejriwal, Sisodia and Yadav, after they had appeared before it on June 4 last year in pursuance to summons against them.

In the post-lunch proceedings, complainant Sharma who was accompanied by large number of lawyers sought court's permission to advance arguments.

However, the magistrate denied the request saying the concerned court will hear the matter on the next date of hearing.

The court on February 11 had given last opportunity to Kejriwal, Sisodia and Yadav and directed them to positively appear before it today as it was scheduled to pass order on the issue of framing of charges.

Sharma, in his complaint, had alleged that in 2013 he was approached by volunteers of AAP who had asked him to contest the Delhi Assembly elections on a party ticket, saying Kejriwal was pleased with his social services.

He filled up the application form to contest the polls after being told by Sisodia and Yadav that AAP's Political Affairs Committee of the party had decided to give him the ticket. However, it was later denied to him.

On October 14, 2013, the complainant claimed that articles in leading newspapers carried "defamatory, unlawful and derogatory words used by the accused persons" which have lowered his reputation in the Bar and the society.

While issuing summons against AAP leaders, the court had said, "The press release published in newspapers as well as testimonies of witnesses reflect that defamatory remarks were published in the newspaper which affected the reputation of the complainant in the society and lowered his reputation in the eyes of other members of the society."

  

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Comment on this article

  • Prakash, Dubai

    Wed, Mar 18 2015

    Delhi Court Judge said, AK and his team has No respect for law. No comments by the Ditchers of Congress party who was too happy some days back by supporting AK & claiming one day AAP will rule India.

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Tue, Mar 17 2015

    Show me one politician who respects law and I will disappear from Daiji ...

    DisAgree [18] Agree [14] Reply Report Abuse

  • jeevan, mangalore

    Tue, Mar 17 2015

    Pappu disappeared now you like to disappear ? no re

    DisAgree [16] Agree [23] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Tue, Mar 17 2015

    Jossey,

    We want you here...for your humorous comments...We have seen many commenters disappearing and re-appearing with new names in Daijiworld......

    Kejriwal got a chance to meet his old buddy Yogendra Yadabv and sort out old issues...So you must thank the Magistrate...

    ...JH...

    DisAgree [2] Agree [7] Reply Report Abuse

  • Anirudh P, Bangalore

    Tue, Mar 17 2015

    Jossy Maam, you are like Janardhan Poojari of DW.

    Janna calls press conference once in a month and entertains us.

    But you do it on daily basis.

    So don't leave DW.

    DisAgree [1] Agree [14] Reply Report Abuse

  • Abdul Rafiq, Uchila / Dubai

    Tue, Mar 17 2015

    NOBODY IS ABOVE THE LAW. IF THEY DON'T RESPECT THE LAW, PUT THEM BEHIND THE BAR. GUJIRIWALA FOOLED THE PEOPLE BY POSING AS A SAINT. AND TELLING THE PEOPLE HE IS ONLY THE HONEST PERSON IN THE COUNTRY, ALL OTHERS ARE CORRUPT. BUT NOW HIS OWN PARTY LEADERS EXPOSED HIM HOW MUCH CORRUPT AND HOW BIG LIAR HE IS.

    DisAgree [9] Agree [14] Reply Report Abuse

  • Langoolacharya., Belman/Washington,DC.

    Tue, Mar 17 2015

    Metropolitan Magistrate Mayuri Singh,

    Thank you for giving an opportunity for Yogendra Yadav to meet his old buddies Manish sisodia and Arvind Kejriwal....

    Mayuri Singh must be pleased to see accused Arvind not coughing...

    ...JH...

    DisAgree [4] Agree [12] Reply Report Abuse

  • Bollu, Mangalore

    Tue, Mar 17 2015

    Earlier Dharna.. Government failed..
    Now court cases..Government once again fall..
    When will bijlee/pani will be provided to the delhites and Hi-Fi..!!
    Better for Bijlee should visit old delhi..!!

    DisAgree [3] Agree [8] Reply Report Abuse


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Title: Defamation case: Kejriwal, Sisodia, Yogendra forced to appear



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