On Tuesday, the bench of the Bombay High Court in Goa overturned the summons issued by the judicial magistrate in Mapusa , North Goa. This summons had requested Delhi Chief Minister Arvind Kejriwal to personally attend the hearing related to the violation of the model code of conduct case filed by the Election Commission of India in 2017.
The Bombay High Court’s decision on Arvind Kejriwal
The court’s decision effectively relieves Kejriwal from the obligation to appear in connection with this particular case. The high court invalidated the magistrate’s directive, stating that essential legal procedures were not properly followed before summoning the Aam Aadmi Party’s (AAP) convenor Arvind Kejriwal. The court declared the order as not valid because the correct steps were not taken according to the law.
Justices MS Sonal and Valmiki Menezes, constituting the bench, presided over a hearing addressing a legal petition initiated by Kejriwal. This petition contested the summons issued in connection to the 2017 Assembly election in Goa. In a significant directive, the bench instructed the magistrate to re-evaluate the decision to summon Kejriwal. The justices suggested the magistrate to obey to established legal procedures before proceeding with any further action in the case against the Aam Aadmi Party (AAP) convenor.
AAP in Goa Elections
The Aam Aadmi Party (AAP) competed the Goa Assembly elections in both 2017 and 2022. During the 2017 elections, the party did not manage to secure any seats. However, in the 2022 Goa Assembly elections, there was a noteworthy improvement as the AAP secured two seats.
The Case against Delhi’s CM Arvind Kejriwal
The controversy originated from statements made by Arvind Kejriwal during a poll rally in Goa on January 8 2017. It was alleged that he urged voters to accept money from the BJP and Congress but ultimately cast their votes in favor of the Aam Aadmi Party (AAP).
The case was registered due to alleged violations of Section 123 (Corrupt Practices) of the Representation of Peoples Act, 1951, along with Sections 171B (Bribery) and 171E (Punishment for Bribery) of the Indian Penal Code. Initially, Kejriwal was summoned to appear on November 29 of the previous year, a summons which he did not comply with. Instead, he sought exemption from appearing.
Upcoming Hearing
The case has garnered attention due to its implications on political conduct and ethical considerations related to alleged violations of penal codes. The upcoming hearing regarding this matter is set to take place on February 12.
