Court discharges Delhi CM, Arvind Kejriwal in defamation

NEW DELHI: In a major relief to Delhi Chief Minister Arvind Kejriwal, Delhi court discharged him in a criminal defamation complaint filed against the CM over his alleged ‘thulla’ remark against the city police. Arvind Kerjiwal was facing trouble after a complaint filed by a Delhi Police constable, who had alleged that the CM had insulted the force by referring to police personnel as “thulla” in a TV interview in 2015.

Additional Chief Metropolitan Magistrate Samar Vishal said the defamation complaint filed by a constable of Delhi Police, Ajay Kumar Taneja, was not maintainable.

“The complainant is not a person aggrieved in this case, the words prima facie are not defamatory of the complainant. Therefore, this complaint of defamation filed by him is not maintainable,” the court said.

Constable Ajay Kumar Taneja had claimed that being a member of the Delhi Police, he was defamed by the word used by Kejriwal. Taneja is working in Delhi Police as constable since 1986. On the date of the incident, he was posted at the Lajpat Nagar police station

“Kejriwal crossed limits of decency by Thulla remark”

"Kejriwal crossed limits of decency by Thulla remark"
“Kejriwal crossed limits of decency by Thulla remark”

Chief Minister Arvind Kejriwal has “crossed all limits of decency” by allegedly using the insulting word ‘Thulla’ for Delhi policemen in an interview, Delhi High Court was told today.

In his reply filed before Justice Mukta Gupta, Delhi police constable Anil Kumar Taneja sought dismissal of a plea filed by Kejriwal seeking stay and setting aside of a trial court’s order summoning him in a criminal defamation complaint against him.

Taneja, who has filed the criminal defamation complaint against the AAP leader, claimed that by referring to policemen as ‘Thulla’, Kejriwal “has intentionally insulted the entire Delhi Police force as a whole and caused unnecessary provocation to the police personnel in Delhi”.

“Being Chief Minister of Delhi, which is a constitutional position, the petitioner (Kejriwal) has immense influence and reach across public domain. His words definitely impact the public at large and the personnel of Delhi Police.

“Therefore, by using such a derogatory and insulting word, he (Kejriwal) has crossed all limits of decency while uttering such words on a famous national hindi news channel, that too in an interview being telecast at prime time…,” he said in his reply filed through advocate L N Rao.

Seeking dismissal of Kejriwal’s plea, Taneja claimed that the word uttered by the Chief Minister was sufficient to harm his reputation in the eyes of the general public and “lowered the image” of Delhi Police as a whole.

“This remark ‘Thulla’ uttered by the petitioner (Kejriwal) has not only maligned the reputation of the respondent number one (Taneja) but also degraded the image and reputation of entire Delhi Police in the eyes of the general public and in the society as a whole,” the reply said.

Meanwhile, during the hearing, the counsel appearing for Kejriwal sought more time to file an affidavit in the matter.

The court fixed the matter for hearing on February 21 next year.

The court had earlier issued notice to the constable and sought his response on the Chief Minister’s plea.

( Source – PTI )

“Kejriwal’s ‘thulla’ remark aimed at inefficient cops”

"Kejriwal's 'thulla' remark aimed at inefficient cops"
“Kejriwal’s ‘thulla’ remark aimed at inefficient cops”

The term “thulla” used by Chief Minister Arvind Kejriwal was made with reference to the Delhi Police officers who are “inefficient”, have “low productivity rate” and take money from street vendors, a court here has said while dismissing a criminal defamation complaint against the AAP leader.

“It has not been said by the respondent (Kejriwal) that all Delhi Police Personnel are thulla. On the other hand, the use of word ‘koi’ (someone) before ‘thulla’ clearly shows that the said imputation is neither directed towards complainant individually nor towards whole of Delhi Police as a class but towards an indeterminate and unidentifiable class of police officers of Delhi Police who are having lower productivity rate than other reasonable Delhi police officers,” Metropolitan Magistrate Arun Kumar Garg said, in his order.

The court’s order came on a criminal defamation complaint filed against Kejriwal by a constable of Govindpuri Police Station who had claimed he was insulted by the CM’s remark in a TV interview in which he had referred to police as “thulla”.

The court, while dismissing the complaint, said, “To be more precise the said word appears to have been made with reference to those police officers who lack in efficiency and indulge in taking money from rehdi patri walas.”

It also said the statement given by Kejriwal during his interview on a TV channel on July 17, it is “not per se defamatory in as much as the meaning of term ‘thulla’ suggests that it is relative term to denote the performance level of a worker against fellow workers.”

“It is neither directed to the complainant individually nor to entire Delhi Police as a class but to an indeterminate and unidentifiable class of inefficient and corrupt police officials… Thus, there are no sufficient grounds to proceed further against the respondent (Kejriwal) and to summon him under section 500 of the IPC,” the court said.

In the order, the magistrate also referred to the recent Supreme Court verdict on pleas challenging constitutionality of provisions of defamation law.

The court also said before the complainant can maintain a complaint under Section 499/500 (defamation) of the IPC as a member of Delhi Police, he must show that the alleged defamatory imputation ‘thulla’ was directed against entire Delhi Police.

( Source – PTI )

‘Thulla’ remark: Court reserves order on plea against Kejriwal

'Thulla' remark: Court reserves order on plea against Kejriwal
‘Thulla’ remark: Court reserves order on plea against Kejriwal

A Delhi court has reserved its order on whether to summon Chief Minister Arvind Kejriwal on a criminal defamation complaint filed against him by a police constable for allegedly using a slang “thulla” to describe policemen.

Metropolitan Magistrate Arun Kumar Garg, after hearing the arguments of a constable posted at Govindpuri police station here on the issue of summoning the chief minister, fixed May 20 for pronouncement of order.

“Arguments on summoning heard. Put up for clarifications, if any,/order on May 20, 2016,” the magistrate said.

This is another complaint against the Chief Minister, who has already been summoned for July 14 on a similar plea of a constable of Lajpat Nagar police station by a court here which held that prima facie he committed the offence of defamation.

The court reserved the order on the present complaint lodged by constable Harvinder on July 22, 2015, which had claimed he was insulted by Kejriwal’s remark in a TV interview in which the CM had referred to police as “thulla”.

The policeman had sought summoning of Kejriwal in the case for the alleged offence under section 500 (defamation) and 504 (insult intended to provoke breach of peace) of IPC contending that the word used by him had demoralised the entire police agency.

The plea, filed through lawyer L N Rao, had contended that “using a derogatory and demeaning term like ‘thulla’ to refer to police personnel is equivalent to referring to all Delhi Police officials as lethargic and unproductive.”

“This word has, therefore, harmed the reputation of the complainant in the eyes of general public including his family, relative and friends,” it had said.

( Source – PTI )