New Delhi: The Supreme Court on Friday stayed criminal proceedings against Delhi Chief Minister Arvind Kejriwal in a 2014 inflammatory speech case.
A bench, headed by Justice K.M. Joseph and comprising Justice B.V. Nagarathna, said the stay will remain until the next date of hearing before the court and directed the listing of the matter after 5 weeks.
It also said that it is a settled position of law that there can be no appeal for votes on the basis of religion.
As Kejriwal’s counsel argued that his client had only used the word ‘khuda’ (God), the bench queried: “Are you saying God cannot be related to a particular religion?”
Senior advocate Abhishek Manu Singhvi, representing Kejriwal, contended that “khuda” cannot be attributed to God of Muslims alone as the allegation made in the present case. He emphasised that it was not an appeal to Muslims and for an offence, the use of such a word must be followed by some vilification to show intent.
The bench further queried, why would somebody holding the office of CM make such a statement and it is intriguing.
“‘God will not forgive you if you vote for BJP’… saying this in a secular country..”, it said.
After hearing arguments, the top court stayed proceedings against Kejriwal pending before an Uttar Pradesh trial court.
The top court was hearing an appeal filed by Kejriwal challenging the Allahabad High Court passed in January, declining to entertain his plea for discharge in the case. The high court had upheld an order of the Sultanpur sessions court.
A Flying Squad Magistrate, citing Section 125 (promoting enmity between classes in connection with election) of the Representation of the People Act, alleged that Kejriwal had flouted the model code of conduct.
–IANS
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