Delhi CM Kejriwal, Deputy CM Sisodia and Yogendra Yadav acquitted in defamation case

New Delhi, August 20

A Delhi court on Saturday acquitted Delhi Chief Minister Arvind Kejriwal, his Deputy Manish Sisodia and former AAP chief Yogendra Yadav in a criminal defamation case filed by advocate Surender Sharma, who alleged that his candidature from the party in the 2013 assembly elections was cancelled at last moment.

“Thus, this court has no hesitation in holding that despite examination of a plethora of witnesses and bringing several documents on record, the Complainant failed to prove his case beyond all reasonable doubts as required in law,” Additional Chief Metropolitan Magistrate (ACMM) Vidhi Gupta said.

“Thus on the mere basis of conjectures and surmises and bald allegations, the complainant cannot bring home the guilt of the Accused and the level of proof required to be brought by the complainant is on a much higher pedestal,” the court noted.

When the ACMM pronounced the verdict and said that the media reports cited by Sharma could not establish a case of defamation, Kejriwal, Sisodia and Yadav were present in the court.

Complainant Sharma died during the pendency of the case that was pursued by his nephew.

“Quality and relevancy; and not quantity of evidence, is what determines the fate of a case. Culpability can be attached to the Accused persons only if it is proved that they have committed the alleged offence, which in this case, the complainant failed to do despite several efforts. In these circumstances, as a natural corollary following to the discussion above held, this court cannot hold the Accused persons guilty in the present case,” Gupta said.

Sharma had alleged that his candidature from AAP was cancelled in 2013 and published in various newspapers in a defamatory manner. In his complaint, Sharma had alleged that just before the election he was approached by several AAP volunteers who asked him to contest the Delhi Assembly elections on an AAP ticket, saying Kejriwal was happy with his social services.

He later decided to fill up the application form to contest the election after being told by Sisodia and Yadav that AAP’s Political Affairs Committee had decided to give him a ticket. Later, it was denied to him, he alleged.

Sharma alleged that articles in various leading newspapers were published on October 14, 2013 and “defamatory, unlawful and derogatory” words used by these political persons lowered his reputation in the Bar and the society.

The accused trio had contended that cancellation or allotment of an election ticket was the prerogative of the party and that the complainant had not divulged correct information concerning the instances pending towards him. (With Agency Inputs)