Senior advocates Mukul Rohatgi and Siddharth Luthra, appearing for the respondent, questioned Chadha’s move to approach the apex court against the high court’s order. “If a judge finds that there is no ground and says I will hear it and fixes it for hearing, then where is the ground of appeal against this, ” Rohatgi said.
Grover, however, raised an objection to the arguments by Rohatgi and Luthra saying notice has not been issued on his plea and hence they should not argue.
The apex court on September 7 had agreed to hear Chadha’s plea in which he had alleged that he was made to face criminal defamation case only for retweeting Chief Minister Arvind Kejriwal’s tweet against Jaitley.He had moved the apex court against the high court’s July 11 order which had refused to stay the proceedings in the lower court against him in the defamation matter and had posted his plea for hearing in October.He had said in the plea that he had raised an important question of law before the high court as to whether the trial court could have summoned him without determining if the alleged defamatory statements, which were purportedly made through Twitter, were covered under the penal provision of defamation under the IPC.He had sought the apex court’s direction to the high court to urgently hear the matter and consider the application for stay of proceedings before the trial court.
Kejriwal and other AAP leaders – Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai – are facing a criminal defamation suit after they claimed that Jaitley was allegedly involved in corrupt practices when he was the president of the Delhi and District Cricket Association (DDCA), a post he had held from 2000 to 2013.
Jaitley, who had denied all the allegations levelled by the AAP leaders in December 2015, had also filed a civil defamation suit seeking Rs 10 crore damages from Kejriwal and others, claiming they had made “false and defamatory” statements in the case involving DDCA, thereby harming his reputation.
( Source – PTI )