NEW DELHI: The Supreme Court on Friday will hear a petition by telecom minister Kapil Sibal’s son challenging a Delhi High Court order asking the trial court to consider applications by Delhi chief minister Arvind Kejriwal and advocate Prashant Bhushan seeking discharge from a defamation case.
Sibal’s advocate son Amit had filed the defamation suit against Kejriwal and Bhushan and the trial court had issued process against them in July last year. Amit had moved against Kejriwal and Bhushan for alleging that he had taken advantage of his father’s position to represent telecom companies.
After the trial court issued process and summoned them for appearance, Kejriwal and Bhushan moved the HC seeking discharge from the case. The HC on January 16 refused to entertain their request, but permitted them to move a similar plea before the trial court. The HC had also said that if they moved an application for exemption from personal appearance, the trial court would grant it.
Amit Sibal challenged this order in the Supreme Court alleging that it was beyond the provisions of law. In his appeal, he said no provision of law permitted discharge from a defamation suit and the HC erred in permitting Kejriwal and Bhushan to move it before the trial court, with an advice to the trial court to consider it.