SC dismissed Delhi CM plea for seeking stay on Defamation Proceeding

SC dsimissed Delhi Chief Minister Arvind Kejriwal’s plea for seeking stay on criminal case proceedings on Defamation filed by Union Minister Arun Jaitley.
“This is not a case where we should interfere at this stage,” Apex Court said while dismissing the plea. Kejriwal’s lawyer Mr. Ram Jethmalani argued that a civil defamation case is already pending against Mr. Kejriwal in the same issue and a simultaneous criminal action cannot be pursued. However, Court countered it down by saying that evidence and proceedings in civil and criminal cases are of completely different shades and should be considered as separate lists.
Mr. Jathmalani submitted that if the High Court pronounces judgement in the civil proceedings, then the subordinate court would have to follow the law in the case which is based on the same facts and circumstance. To which bench said under Evidence Act, a judgement given in a civil proceeding is not binding on the criminal case.
Case was filed on December 21, 2015 for criminal defamation against the AAP leaders and sought their prosecution for offences that entail a punishment of up to two years in jail.