Delhi HC rejects Kejriwal's plea to strike down Jaitley's reply

New Delhi : The Delhi High Court dismissed Arvind Kejriwal's plea to strike down Arun Jaitley's reply filed in response to his written submission in the second Rs 10 crore defamation suit against the Chief Minister.

Justice Manmohan held that the averments in the replication, or Jaitley's reply to Kejriwal's written submission, "crystalise" the Union Minister's stand on an important issue and are relevant to the case. The court also observed that the submission of the Union Minister in his replication "is not inconsistent, is not frivolous and also not abuse of the process of law".

Kejriwal claimed that Jaitley's replication contained additional allegations which did not form part of the plaint, and hence, the chief minister did not have a chance to rebut them through his written statement. Kejriwal has filed his written submission on court notice issued to him in a second civil defamation suit against him, filed by Arun Jaitley seeking Rs 10 crore as damage.

With regard to Kejriwal's claim that the "statements made during judicial proceedings are even otherwise protected by absolute privilege", Jaitley has said no such privilege can be claimed by a person who instructed his lawyer to insult or use defamatory language against a witness. Jaitley has claimed he is entitled to the relief sought by him and the suit be decreed in his favour.