Court dismisses petition seeking separate trials for Kejriwal and co-accused, citing commonality of evidence and transaction
In a significant ruling, the Gujarat High Court has dismissed a petition filed by Arvind Kejriwal seeking the quashing of orders that rejected his request for a separate trial from his co-accused in a defamation case. The case revolves around statements made by Kejriwal and another accused, which were deemed defamatory by the complainant. The High Court upheld the joint trial, emphasizing that the acts alleged against both accused form part of the same transaction and the evidence to be presented would be common.
The court, presided over by Justice M.R. Mengdey, examined the plea under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner, represented by advocates Mr. Bhavook Chauhan and Mr. Mohd. Irshad, argued that the lack of charges under Sections 34 and 120(B) of the Indian Penal Code suggests no common intent or conspiracy between the accused, warranting separate trials. However, the court found these arguments unconvincing.
The judgment highlighted that both Kejriwal and his co-accused, Sanjaysingh, addressed press conferences and uploaded videos that allegedly defamed the complainant, thereby forming a single transaction. Despite the absence of charges for conspiracy, the court noted that the coordinated actions of the accused were part of a political strategy, making the joint trial appropriate.
The court also addressed concerns of potential prejudice against Kejriwal, stating that the apprehension alone, without concrete evidence, was insufficient to justify separate trials. The court emphasized that the inherent powers of the court should not be used to favor parties not cooperating with trial proceedings, as Kejriwal had been absent from the trial court.
This decision reinforces the legal principle that joint trials are appropriate when allegations arise from the same set of facts and events, ensuring judicial efficiency and consistency in the administration of justice.
Bottom Line:
Quashing petition seeking separate trial for accused under Section 500 IPC dismissed - Acts alleged against petitioner and co-accused arising out of the same transaction - Evidence to be adduced against both accused would be the same - No prejudice likely to be caused to petitioner due to joint trial.
Statutory provision(s): Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 of the Criminal Procedure Code, 1973, Section 500 of the Indian Penal Code, 1860.
Arvind Kejriwal v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2839006
