'Khuda Believers' Remark Row | Supreme Court Adjourns Hearing of Arvind Kejriwal's Plea; Grants Him Four Weeks' Time to File Rejoinder

A bench of Justices MM Sundresh and JB Pardiwala was hearing the chief minister’s plea against a January 2023 order of the Allahabad High Court rejecting his discharge application. In February, while issuing notice, the Supreme Court granted interim relief and put a temporary halt to the trial proceedings, which was later extended in May.

Today, the bench agreed to adjourn the hearing until the last week of September at the legislator's behest. A request was made on his behalf to be granted more time to file a rejoinder to the state government's counter-affidavit. The opposing counsel also informed the bench that the State had no objection to the request for adjournment of the hearing. 

Background

Aam Aadmi Party leader for Delhi Chief Minister Arvind Kejriwal has been embroiled in a controversy over his alleged ‘those who believe in ‘Khuda’ won't be pardoned if they vote for the Bharatiya Janata Party’ remark dating back to a political rally in 2014. This resulted in the lodging of an FIR against Kejriwal under Section 125 of the Representation of the People Act, 1951 for allegedly violating the Model Code of Conduct.

In September 2014, a trial court took cognizance and summoned the AAP leader, 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 last year.

Against the ruling of the sessions court, Kejriwal filed an application under Section 482 of the Code of Criminal Procedure. While refusing to set aside the order earlier this year, a bench of Justice Rajesh Singh Chauhan noted that Kejriwal’s utterance seemed to be a form of voter intimidation using the term ‘Khuda’. This strategy, the judge emphasised, 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.

Finally, after exhausting all his remedies, the AAP leader moved the Supreme Court challenging the Gujarat High Court’s decision to decline his plea for setting aside the order of the sessions judge and dismiss the criminal proceedings against the legislator in the ‘Khuda believer’ remark case.

Case Details

Arvind Kejriwal v. State Of Uttar Pradesh | Special Leave Petition (Criminal) No. 1898 of 2023