The Supreme Court in the case Arvind Kejriwal v. State of UP and Anr observed and has granted leave to appeal in the Special Leave Petition filed by Aam Aadmi Party, AAP leader and the Delhi Chief Minister Arvind Kejriwal’s wherein seeking discharge in a criminal case arising out of his alleged ‘Khuda believers’ remark during a 2014 political rally.
The bench comprising of Justice MM Sundresh and Justice SVN Bhatti in the case observed and has extended the stay imposed in early 2023 on further proceedings before the Special Court.
The bench headed by Justice Sundresh lamented that the matters of the present kind should not have to be dealt with by the top Court.
In the present case, Kejriwal was dragged into a controversy when during a political rally in the year 2014. He alleged that ‘those who believe in ‘Khuda’ won’t be pardoned if they vote for the Bharatiya Janata Party’. Thus, the said incident resulted in lodging of an FIR against him under Section 125 of the Representation of Peoples Act, 1951 for allegedly violating the Model Code of Conduct.
The Trial Court in the case observed and took cognizance wherein the court summoned Kejriwal, after which he moved the High Court and the Supreme Court seeking various reliefs. But Kejriwal was turned away with a direction to approach the Trial Court for the redressal of his grievances.
Further, Kejriwal filed a discharge application before the Special Judge, but the court dismissed the same in August, 2022. Therefore, the revision petition was filed before the Sessions Judge wherein challenging this dismissal. Thus, the court dismissed the same in October 2022.
Kejriwal filed a petition before the Allahabad High Court, against the ruling of this Session Court.
The High Court stated while upholding the order in January 2023 that the Kejriwal’s utterance seemed to be a form of voter intimidation using the word ‘Khuda’. Thus, the strategy, the Judge emphasized, could potentially sway voters of different religions, exploiting their beliefs. The court also expressed the view that, on the face of it, it was inappropriate for a Chief Minister to use words or sentences with concealed meanings.
Kejriwal aggrieved with the order of High Court moved the Supreme Court.
The court while considering the facts and circumstances of the case issued the notice and has granted him interim relief and put a temporary halt to the trial proceedings, which was later extended in May.