HC seeks Jaitley's response on plea to strike off allegations

New Delhi: The Delhi High Court today sought response from Finance Minister Arun Jaitley on a plea by a AAP leader seeking a direction to strike off the fresh allegations levelled by him in the civil defamation suit against Chief Minister Arvind Kejriwal and five others.

Justice Vipin Sanghi issued notice to Jaitley for April 19 on a plea alleging that the Union Minister has "exploited the opportunity of filing replication (a plaintiff's reply to the defendant's plea) for the purpose of introducing fresh allegations of defamation to make out a fresh case".

The plea by AAP leader Ashutosh was opposed by Jaitley, saying whatever said in his reply was very much part of the main plaint filed before the Joint Registrar.

Senior advocates Sandeep Sethi, Rajiv Nayar and Pratibha Maninder Singh, who appeared for Jaitley, submitted that the replication by the minister was merely an elaboration of the plaint, which is part of the documents.

Sethi further submitted that there was only one quotation which has not been mentioned in the main plaint. Senior advocate H S Phoolka, counsel for Ashutosh, wished to examine the tabulation given by the minister's counsel showing that they have already said so in their suit.

The court made it clear that the proceedings before the Joint Registrar, who is hearing the suit, will not postpone the matter in pursuance to pendency of this application.

The application was filed in a suit in which Jaitley has sought Rs 10 crore in damages from Kejriwal, Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai for issuing allegedly false and defamatory statements against him and his family in connection with alleged irregularities in the Delhi and District Cricket Association (DDCA) when he was its President.  The minister has already denied all the allegations.

The AAP leader said in his application that the additional grounds were not only inconsistent with the pleadings of the original plaint but were also unnecessary, frivolous, scandalous, vexatious and would prejudice, embarrass and delay fair trial.

Jaitley in his reply had told the court that Kejriwal and five other AAP leaders had launched a "calculated" defamatory campaign against him and his family with "ulterior motives" to get political mileage.

He had said the right to freedom of speech and expression was "not absolute" and it "did not extend a license to anyone to defame any other citizen having fundamental rights under the Constitution".

He had made the submission in response to the written statements filed by Kejriwal and others on a civil defamation suit moved against them by him.

Jaitley had filed the suit in the backdrop of attacks on him by Kejriwal and other AAP leaders over alleged irregularities and financial bungling in DDCA of which he was the president for about 13 years till 2013.

The minister also filed a criminal defamation complaint in a Delhi court on the same issue, on which Kejriwal and five other leaders were summoned as accused and asked to appear before it on April seven.

DDCA has also filed a criminal defamation suit against Kejriwal and Kirti Azad.