New Delhi: The circular put forwarded by AAP leader, Chief Minister of Delhi, Mr. Arvind Kejriwal, which is for maintaining that the Government will pursue cases of defamations against the persons making defamatory allegation against its officials, was stayed by the honourable Supreme Court of India on Thursday.
The said Circular was issued by the Aam Aadmi Party’s Government, while there was already a contention of Delhi’ CM, Kejriwal that there should be no criminal actions against the defamation proceedings. However, by issuing the said Circular, on 6th day of this month, a direct U- turn was adopted by Delhi’s CM, from his earlier contentions.
While so, honourable Apex Court’s bench led by Justice, D. Misra decided to stay the said issued Circular and allowed the Government to move against the persons who found publishing Defamatory Imputation against Delhi’s CM, Kejriwal, the Ministers, or Public Servants thereof.
The said Circular was issued by the Directorate of Information and Publicity Department and in which whoever, being officials from the Government of Delhi can move by filing complaints with the Principal Secretary to the Home Ministry, when he feels that the news item published or aired if is of such nature as that is damaging his reputation or even the reputation of the Government.
The Court besides, ordering stay also asked Delhi’s CM, Mr. Kejriwal to explain within the period of 6 weeks, the reasons as to why the said Department has issued such circular. The matter was listed by the Supreme Court on 8th of July, this year, for further hearing.
The stay order was passed by the Supreme Court’s Bench on the application moved by Mr. Amit Sibal (Son of Mr. Kapil Sibal) who had preferred defamation case against Delhi’s CM Mr. Kejriwal.
The plea taken by Mr. Sibal said that, the said Circular is directly opposing to the stand taken by Mr. Kejriwal being a Chief Minister of Delhi, in his affidavit, in the related petition.
The CM, Mr. Kejriwal was seeking few weeks before, the quashing of Section 199(2) of the Code of Criminal Procedure, which is dealing with the offences against the Public Servant and High Signatories for Government. The reason put forwarded by him was that the concerned provision was excessive, arbitrary and unreasonable, and also violative of the fundamental right to freedom of speech and expression, as guaranteed under India Constitution.
by Faim Khalilkhan Pathan.