NEWDELHI: The Delhi high court on Monday dismissed the plea of chief minister Arvind Kejriwal, saying that it was “baffled” by his opposition to speedy trial in a defamation suit filed against him.
“We confess, at the outset, that we are completely baffled as to how, and why , the appellant (Kejriwal) can claim to be aggrieved by the order of the learned Single Judge,” a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar noted, adding that “this court has not come across any earlier case where such a grievance (against expeditious trial) has been voiced”.
HC said the appeals filed by Kejriwal and AAP leader Ashutosh against the July 26 decision of a single judge was “misconceived” and “devoid of merit”.
The court underlined that the single judge had only given three basic directions. First, that no attempt to scandalise or brow beat finance minister Arun Jaitley would be permissible; second, that the trial be expedited; and third that only counsel “who are appearing in the present case” be allowed in the court room.
It said speedy trial was the “need of the hour” and “highly recommended in all cases”.
“Indeed, the principle that every litigating party in a case, as well as every witness in a trial, civil or criminal, in court, is entitled to be treated with regard and respect, and not subjected to insults, insinuation, and injury, is a proposition so elementary as to obviate the necessity of reference to any further judicial authority in its support,” the bench said.
It said the appeals only serve to protract the proceedings. The bench said it was “constrained” to observe “much against our will, that the present appeals essentially impugn a decision which is clearly aimed solely at ensuring orderly and dignified conducting of the trial proceedings”. It noted further that “such appeals do disservice to the cause of justice in the long run, and we would request counsel to be more circumspect in raising such challenges”.
The single judge on July 26 had directed the joint registrar of the high court to expedite the recording of evidence in the civil defamation suit filed against Kejriwal and five AAP leaders while disposing of an application filed by Jaitley.
The bench stated the courtrooms of joint registrars, where the Union minister is being cross examined by Kejriwal’s counsel, are small in size with limited seating capacity.
“Significantly, one of the concerns expressed by the counsel for the chief minister was that if such a direction of the single judge were to be allowed to operate, apart from his own colleagues and assisting counsel, media persons would not be able to attend the hearing. While the fourth estate is certainly entitled to be accorded all due respect, in an era such as the present, given the practicalities of the matter, we are unable to appreciate such a contention. The directions, in the order of the single judge, are wholesome and in the best interests of orderly administration of justice,” it noted.
Bureau Report
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