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

In a plea filed by Delhi Chief Minister Arvind Kejriwal, the Supreme Court, on Monday, extended the interim relief of staying the trial proceedings in a 2014 case registered against him for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP" during an election campaign.

Kejriwal had approached the Supreme Court challenging the order passed by the Allahabad High Court in January which rejected his plea for discharge. Previously, while issuing notice in his plea, the Apex Court had stayed further proceedings in the 2014 case.

On Monday, a Bench comprising Justice KM Joseph and Justice BV Nagarathna was apprised by the Counsel appearing for the State of Uttar Pradesh that the State seeks some time to file the counter affidavit. While adjourning the matter, the Bench stated that the interim order will continue.

The matter will be next listed in the third week of July, 2023.

The case dates back to 2014, when an FIR was lodged against Kejriwal under Section 125 of the Representation of the People Act, 1951 for allegedly violating the Model Code of Conduct for making a public statement “Jo Congress ko vote dega, mera manana hoga, desh ke saath gaddari hogi...jo Bhajpa ko vote dega use Khuda bhi muaf nahin karega, des ke sath gaddari hogi" [The one who votes for Congress, I would believe, will be betraying the country... The one who votes for BJP, even God will not forgive him, he will be betraying the country.]

While dismissing his discharge plea, the Allahabad High Court said that it appeared that Kejriwal is threatening the voters in the name of Khuda knowing fully well that if he uses the term ‘Khuda’, some set of voters belonging to different religions might have severely been influenced.

[Case Status: Arvind Kejriwal v State of UP And Anr. SLP(Clrl) No. 1898/2023]