Thread by @barandbench

#Breaking Delhi High Court is hearing a defamation suit by Delhi LG Vinai Kumar Saxena against AAP and its leaders Sanjay Singh, Atishi, Saurabh Bhardwaj and others.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

The defamation suit relates to allegations of corruption by AAP leaders against Saxena while he was with KVIC.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sr Advocate Mahesh Jethmalani appears for LG and informs the court that allegations are defamatory and malicious and made against a high constitutional authority without any documents or basis.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Hearing going on before Justice Amit Bansal.
Sr Advocate Rajiv Nayar appears for AAP leaders.
J Bansal (to Nayar): Suppose there is one political regime in power. If there is any corruption, would the CM or PM be responsible for that?

Nayar: We are only indicating. Is it with material or not? inference people can draw.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Nayar: Second issue is in relation to his daughter. The question is not whether she received money or not. the question is did she design that lounge on contravention of rules?
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Nayar: Third issue is payments were made by Khadi in cash despite Patna High Court's orders to the contrary.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: We are at ad-interim stage. Please show us a few judgments that help you the best.
Nayar: Fortunately, all the orders are in my favour.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Nayar reads out judgments.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: These judgments you are citing talk about the court cannot pass orders at interim stage in defamation. But just yesterday I did that... It all depends on the facts of case.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Nayar: Yes we are aware. It happened in that Hockey case. But there are cases where my lords did not pass such orders. I am saying there cannot be a gag order.
J Bansal: Of course, no one can gag you from saying anything.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India

Counsel submits that AAP will not use one of the hash tags that they were using.
This refers to the allegations against Saxena calling him a thief.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sr Adv Sandeep Sethi begins his submissions for one of the AAP leaders.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi: Please notice that these allegations are political in nature. Figures don't matter.
J Bansal: If they don't matter why are you exaggerating it?
Sethi: Prime Minister also promised me Rs 15 lakh, I haven't got a penny.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India

Sethi: We plead truth and justification. There cannot be any question of injunction. The allegation is during this person's tenure at KVIC, two people were arrested. They can say that this is hearsay, but the fact is two people have gone on record to say that this happened.

Sethi: An FIR has been lodges and they are being prosecuted. Second allegation is he admits awarding a contract to his daughter which is prohibited under the rules.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: As I see things, the only problem is allegation of corruption. At this stage, I am not inclined to injunct you on the issue that he gave a contract to his daughter. But on allegation of corruption we will pass orders.

Sethi: Violation of rule is also corruption.
J Bansal: Every violation of a rule is corruption?
Sethi: yes, it may not be financial. But it is corruption.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi: Large sums were paid to ghost weavers. Persons who don't even exist. In light of this material in public domain, am I not allowed to call him corrupt? Will this amount to defamation?
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi is now reading a judgment of the Division Bench of Delhi HC.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: There has to be balance between right to freedom of speech and reputation of a person.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi: Yes but the allegation will be tested later.
J Bansal: Does that mean you can say anything at this point?
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi now refers to another judgment.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi: The principal is that public functionaries must be open to criticism. They have to be thick-skinned. It will be tested in trial but there can't be a restraint when we show some semblance of justification.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: You are canvassing the argument that in no case of defamation should the court pass an order of injunction?
Sethi: Yes, unless the court is convinced that we will not succeed in trial.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi now reads a judgment on the right to publish.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sethi: He is in public gaze. Every action of his has to be analysed.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel for Saurabh Bhardwaj: I am national spokesperson. Why are they scared of me? I am asking for investigation, why are they scared of it?
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel reads a judgment.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel: They said three things. First that the complainant is KVIC, but the CBI complaint says it was a source. It does not say complainant is KVIC.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel: Second, they said the material is fabricated. I request them to show this pleading. They say it appears to be false not fabricated. If it is fabricated then CBI has fabricated it.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel: Third, they said he is LG, a constitutional authority. But as a political party it is my duty to bring all these issues to public notice. The LG is not above law. I am not seeking investigation against him for something he did while being LG.

Counsel: The quantum of money is not important. The conduct is important.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: Mr Jethmalani and Mr Maninder Singh, in the facts of this case, a blanket order can't be passed. What they (Bhardwaj) have read out, why should there be a gag order on that?

Sr Adv Maninder Sigh: Their tweets and press conference have been widely reported. Functionaries of same party say all this day and out. They say Vinai Kumar Saxen 1400 crore ka ghotala. They may not take any names but we know they are referring to VK Saxena.

Counsel: LG is a constitutional authority we understand but we also see how they are crossing limits.
J Bansal: Yes, that is true.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsel: We never intended to use words like 'chor'.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal (to plaintiffs): You have impugned a whole lot of tweets but blanket order can't be passed. There is has to be something which can be implemented.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sr Advocate Mahesh Jethmalani begins with his rejoinder submissions.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: The only document which they have is non-existent. It is a fabricated document. You can record my statement that this document has been fabricated by them collectively.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: They say that they never said anything about corruption in relation to my daughter. please see the plaint.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: They say Rs 80 crores were given.
J Bansal: Who is Vinay Mishra?
Counsel: He is an MLA who is not a party here.
Jethmalani: They are all under the umbrella of Aam Aadmi Party.

Jethmalani: Concerning my daughter they are not only saying that this was corruption but that they was paid Rs 80 crores.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani now reads the concerned rule of KVIC.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: There was no contract so I have not even violated this rule.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: I reside and work in Delhi. They talk about affairs in Patna. Patna HC has not indicted me.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Jethmalani: These tweets should not be taken in isolation. This is a conspiracy to defame a person who is holding high constitutional post.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Sr Adv Maninder Singh now making submissions for the LG.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Singh: The court's responsibility to prevent defamation of a constitutional authority is much higher than in case of a business house.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Singh cites a judgment.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Singh: The imputations made and repeated in the print and digital made is per se defamatory.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

J Bansal: These hashtags, Mr nayar made a statement that they will not use it.
Singh: Please don't go by their statements. They are saying as if they are obliging a constitutional authority.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Court dictates order.
Orders are reserved.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi

Counsels point out that some of the tweets referred are from people who are not here.
J Bansal: they are all from Aam Aadmi Party no?
counsel: But they are no there.
J Bansal: that's okay, order can be passed for Twitter to remove them.
#DelhiHighCourt #LG @AamAadmiParty

#Breaking Delhi High Court reserves orders in the defamation suit by Delhi Lieutenant Governor Vinai Kumar Saxena against AAP and its leaders Sanjay Singh, Saurabh Bhardwaj, Atishi and ors.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi