Supreme Court to Hear Kejriwal, Atishi Plea Against Defamation Case Summons

New Delhi, Jan 2026 : The Supreme Court is set to hear on Tuesday a plea filed by Aam Aadmi Party (AAP) national convenor Arvind Kejriwal and former Delhi Chief Minister Atishi, seeking the quashing of summons issued against them in a defamation case linked to their remarks on the alleged deletion of voters’ names from electoral rolls.

According to the causelist published on the apex court’s website, the matter will be taken up by a Bench comprising Justice M.M. Sundresh and Justice N.K. Singh. The hearing is expected to revisit important questions concerning political speech, defamation law, and the scope of judicial scrutiny at the summoning stage.

Earlier, the Supreme Court had granted significant interim relief to Kejriwal and Atishi by staying further proceedings in the defamation case. The case was initiated by BJP leader Rajiv Babbar, who alleged that remarks made by the AAP leaders were defamatory. While issuing the stay, the top court observed that political discourse must be assessed at a “higher threshold,” indicating that statements made in the course of political debate deserve greater constitutional protection.

In its interim order, a Bench then headed by Justice Hrishikesh Roy, who has since retired, noted that a key legal issue in the case was whether a political party could be considered an “aggrieved person” entitled to institute a defamation complaint. The court remarked that this question required deeper examination and could not be summarily decided. Accordingly, it issued notice in the matter and directed that further proceedings before the trial court remain stayed until the issue was examined in detail.

The case traces its roots to March 2019, when a trial court summoned Kejriwal, Atishi, Sushil Kumar Gupta, and Manoj Kumar following a complaint filed by Rajiv Babbar, the authorised representative of the BJP’s Delhi unit. Babbar alleged that during a press conference, AAP leaders claimed that, at the behest of the BJP, the Election Commission had deleted the names of around 30 lakh voters belonging to Baniya, Purvanchali, and Muslim communities from the electoral rolls.

In September 2024, the Delhi High Court declined to interfere with the trial court’s summoning order. Dismissing the petitions filed by Kejriwal and Atishi, the High Court observed that the defence taken by the AAP leaders—that the statements were made bona fide and in the public interest—would need to be established during the course of trial. It further held that the allegations were prima facie defamatory and appeared intended to vilify the BJP and gain political mileage by attributing the alleged deletion of voters’ names to the party.

Justice Anoop Kumar Mendiratta, who delivered the High Court’s ruling, also noted that political parties do not play a direct role in the addition or deletion of names from electoral rolls, as this responsibility lies with the Election Commission, which acts in accordance with law.

Aggrieved by the Delhi High Court’s refusal to quash the summons, Kejriwal and Atishi approached the Supreme Court, seeking the setting aside of the entire criminal proceedings. The apex court’s upcoming hearing is expected to have significant implications for the balance between political speech and defamation law in India.