SC extends stay on Kejriwal’s trial in 2014 poll code violation case

The Supreme Court on Tuesday extended the stay on Delhi chief minister Arvind Kejriwal’s trial in a poll code violation case based on a speech in Uttar Pradesh in the run-up to the 2014 national elections.

A bench of justices MM Sundresh and SVN Bhatti admitted Kejriwal’s appeal against a January 2023 Allahabad high court order refusing to discharge him. “We will grant leave. The interim order granted by us will continue. Let it be in cold storage.”

Senior advocate Abhishek Manu Singhvi, who appeared for Kejriwal, sought the court’s permission to file additional documents. The bench replied, “These are all irrelevant matters.”

Kejriwal was booked under the Representation of People Act’s Section 125 over his comments allegedly saying those voting for Congress will be considered traitors while Khuda (God) will not spare those opting for the Bharatiya Janata Party. The section provides for action against anyone promoting or attempting to promote enmity or hatred on grounds of religion, race, caste, community, or language. The offence is punishable with imprisonment of up to three years in prison.

In February last year, the court issued a notice on Kejriwal’s appeal and stayed the trial after he approached it fearing arrest following the high court dismissal of his petition. The court then observed, “Why do you have to bring God? In a secular country, leave God alone. He [God] can take care of himself.” It added the word “Khuda” does not refer to a god of a particular religion.

Kejriwal claimed there was no video recording or transcript of the speech for which he was booked. He added not a single member of the public came forward to suggest his statement created disaffection or disharmony. Kejriwal got a stay on the trial as he was expected to keep visiting Uttar Pradesh’s Sultanpur district for it. “Merely mentioning God cannot amount to promoting enmity and hatred between different classes of citizens.”