PROVOCATIVE SPEECH CASE: COURT REJECTS KEJRIWAL’S PETITION

LUCKNOW: The Lucknow bench of the Allahabad high court dismissed a petition moved by Delhi chief minister Arvind Kejriwal and Aam Aadmi Party (AAP) leader Kumar Vishwas in connection with a ‘provocative speech’ case related to Gauriganj police station of Amethi district. The petitioners challenged proceedings of the case and summons issued against them by a lower court. The petitioner’s counsel Onkar Pandey had said that during Lok Sabha election an FIR was lodged by assistant election officer on April 20, 2014, against Kejriwal and Vishwas for allegedly making provocative speech in Gauriganj area of Amethi. The charge sheet was filed on April 13, 2016 and on October 7 this year the court of additional chief judicial magistrate, Sultanpur, issued summons against them. The petitioners had challenged this order. Meanwhile, dismissing the petition justice Aditya Nath Mittal said, “Based on the facts and circumstances mentioned above, I do not find any sufficient ground to interfere in the present matter. I also do not find any sufficient ground to quash the entire criminal proceedings of case No.216 of 2016. The petition lacks merit, deserves to be dismissed. The petition is, therefore, dismissed,” the court said. On behalf of the state government, additional government advocate Shivanath Tilahari had opposed the petition.

“The contention of the petitioner has to be rejected outrightly as no right accrues on merely applying pursuant to an advertisement. It is to be noted that even after being brought in the select list, no right accrues to the candidates.” -- HIGH COURT BENCH