“Issue notice (to Kejriwal). However, as an interim measure we direct stay of the circular dated May 6, 2015 till further order of this court. Accordingly, it is stayed,” said a bench comprising justices Dipak Misra and Prafulla C Pant.
Asking Kejriwal to explain why the directorate of information has issued “such circular”, the court sought a reply within six weeks and listed the matter for further hearing on July 8.
The court’s order came on an application filed by senior advocate Amit Sibal seeking vacation of the stay granted by the apex court on the proceedings before a trial court in a defamation case.
Sibal, who had filed a criminal defamation complaint against Kejriwal and others in the Patiala House court here, said that while the chief minister on one hand seeks setting aside of penal laws on defamation, on the other hand he has issued such a circular.
“It is noteworthy that the petitioner (Kejriwal) in his affidavite…declares that he is working as chief minister of Delhi. However, the aforesaid circular directly contradicts and mitigates against the stand taken by him in the present petition,” the plea said, adding that the stay on the trial court proceedings against Kejriwal be vacated.
The circular, issued by state information and publicity department, says that if any officer associated with the Delhi government feels that a published or aired item has caused damage to his or the government’s reputation, he should file a complaint with the principal secretary (home).
The circular also states that after getting a go-ahead from the director (prosecution), the matter should be referred to the law department and after taking approval from the government, a case should be filed.
Earlier, the Supreme Court had stayed proceedings in trial courts in a few criminal defamation cases against Kejriwal while deciding to hear his plea challenging “constitutional validity” of the penal provisions relating to defamation.
A PIL was also filed yesterday in the Delhi High Court seeking quashing of the city government’s circular.
PTI