Supreme Court Extends Stay On Trial Against Delhi CM Arvind Kejriwal Over 'Khuda Believers' Remark

The Supreme Court today granted leave to appeal in the Special Leave Petition filed by Aam Aadmi Party (AAP) leader and Delhi Chief Minister Arvind Kejriwal's seeking discharge in a criminal case arising out of his alleged 'Khuda believers' remark during a 2014 political rally.

While passing the order, the Bench of Justices MM Sundresh and SVN Bhatti also extended the stay imposed in early 2023 on further proceedings before the Special Court. Notably, before parting, Justice Sundresh lamented that matters of the present kind should not have to be dealt with by the top Court.

To recap, Kejriwal was dragged into a controversy when during a political rally in 2014, he allegedly said that 'those who believe in 'Khuda' won't be pardoned if they vote for the Bharatiya Janata Party'. The incident resulted in lodging of an FIR against him under Section 125 of the Representation of Peoples Act, 1951 for allegedly violating the Model Code of Conduct.

In September 2014, a Trial Court took cognizance and summoned Kejriwal, after which he moved the High Court and the Supreme Court seeking various reliefs. But, he was turned away with a direction to approach the Trial Court for the redressal of his grievances. Accordingly, he filed a discharge application before the Special Judge, but it was dismissed in August, 2022. A revision plea challenging this dismissal order, filed before a Sessions Judge, was also dismissed in October, 2022.

Against the ruling of the Sessions Court, Kejriwal filed a petition before the Allahabad High Court. Upholding the order, the High Court in January 2023 said that Kejriwal's utterance seemed to be a form of voter intimidation using the word 'Khuda'. The strategy, the Judge emphasized, could potentially sway voters of different religions, exploiting their beliefs. The court also expressed the view that, on the face of it, it was inappropriate for a Chief Minister to use words or sentences with concealed meanings.

Aggrieved by the High Court order, Kejriwal moved the top Court. In February, 2023, while issuing notice, the Court granted him interim relief and put a temporary halt to the trial proceedings, which was later extended in May.

Case Title: Arvind Kejriwal v. State of UP and Anr., SLP(Crl) No.1898/2023