Voter Deletion Remarks: SC Agrees to Finally Hear Defamation Case Against Kejriwal, Atishi
BJP leader Rajiv Babbar filed a criminal defamation case after AAP leaders Arvind Kejriwal and Atishi accused the BJP of deleting voter names from Delhi’s electoral rolls, alleging reputational harm;
The Supreme Court on Monday heard a plea in the criminal defamation case filed against former Delhi Chief Minister Atishi and former Chief Minister Arvind Kejriwal over their remarks alleging large-scale deletion of voters’ names from the electoral rolls in the national capital.
A Bench of Justice M.M. Sundresh and Justice N.K. Singh recorded the submissions and scheduled the matter for final hearing on a non-miscellaneous day.
At the outset, Advocate Vivek Jain sought a passover, informing the court that Senior Advocate Abhishek Manu Singhvi would appear for the Aam Aadmi Party leaders. On the other side, Advocate Piyush Beriwal, representing the complainant, BJP leader Rajiv Babbar, requested the Court to list the case for final disposal on a non-miscellaneous day.
The Bench allowed the request, directing that the case be listed for final arguments and also permitting the counsels to place on record judgments they intended to rely upon.
On May 8, the Court had continued the stay in the criminal defamation proceedings and had
Counsel appearing for the complainant had sought four weeks to file his reply. "My lords, I appear for the complainant, and I'm seeking four weeks' time. My reply is ready and currently under vetting...," he had added.
Taking note of the submission, the Court had proceeded to adjourn the matter while also adding that the proceedings before the trial court shall remain stayed.
The Apex Court had previously on September 2024, stayed the criminal defamation proceedings against AAP leaders Kejriwal and Atishi Marlena.
AAP leaders Atishi Marlena and Kejriwal had moved the Apex Court challenging the Delhi High Court, which had refused to quash the criminal defamation case filed against them.
The case arose after AAP leaders Kejriwal, Atishi publicly accused the BJP of the deletion of voter names from Delhi's electoral rolls. BJP leader Rajiv Babbar had then filed a criminal defamation suit against them, asserting that the allegation harmed the reputation of the party.
In September 2024, the Delhi High Court dismissed the petition filed by Chief Minister Arvind Kejriwal seeking to quash the summons issued in a defamation suit filed by BJP leader Rajiv Babbar The Bench of Justice Anoop Kumar Mendiratta rejected the request by Kejriwal and AAP leaders to overturn a sessions court’s decision, which had upheld a magisterial court’s order to summon them as defendants in the case.
The High Court had deemed the remarks as prima facie defamatory, intended to disparage the BJP by accusing it of orchestrating the removal of voter names. It was observed that these statements were made to gain political advantage. Consequently, the High Court had upheld the trial court's decision to summon Kejriwal and other AAP leaders for defamation. The court noted that while citizens have the right to obtain accurate information to form opinions about political processes, a political party cannot endorse the media to disseminate defamatory statements against rival parties.
Case Title: Arvind Kejriwal & Anr. v. State of NCT of Delhi
Hearing Date: August 18, 2025
Bench: Justice MM Sundresh and Justice NK Singh