SC stayed the trial proceedings against Arvind Kejriwal for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP"

SC stayed the trial proceedings against Arvind Kejriwal for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP"

The Supreme Court on February 17, suspended the trial proceedings in a 2014 case filed against him for reportedly declaring "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP" during an election campaign, providing temporary reprieve to Delhi Chief Minister Arvind Kejriwal. 

Kejriwal filed a petition with the Supreme Court to overturn the Allahabad High Court's ruling that denied his request for discharge in January. His application for discharge had previously been denied by the Sultanpur Court.

On February 17, a bench made up of Justices KM Joseph and BV Nagarathna temporarily halted the trial while giving Kejriwal's plea notice. For the petitioner, senior Advocate Dr. Abhishek Manu Singhvi made an appearance. After five weeks, the case will be heard. 

The bench expressed dissatisfaction of the statement during the hearing.

"Why are you bringing God? In a secular country, leave God alone. God doesn't need anyone's protection, he can take care of himself", The bench kept watch. 

According to Singhvi, the case was brought on the basis of a complaint made by a police official, and the only other witnesses are police constables. "Sometimes during political campaigning, unintentional things are said", He continued by saying that there had been no reports of any issues with the law, public order, or inter-communal peace following the address.

"Why should he make such statements when he was holding office?", Singhvi informed the court that Kejriwal was not in any office at the time in response to a question from the bench. 

The case began in 2014 when Kejriwal was charged with breaking the Model Code of Conduct for making a public comment under Section 125 of the Representation of the People Act, 1951. “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.]

The Allahabad High Court rejected Kejriwal's request for discharge, stating that it looked that he was threatening voters with the word "Khuda" while fully aware that certain voters who practised other religions would have been negatively impacted.

Case Details:-

SLP (Crl) No. 1898/2023

ARVIND KEJRIWAL vs. STATE OF U.P

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