Terming as "scandalous" certain remarks made by Delhi CM Arvind Kejriwal's lawyer Ram Jethmalani against Union Minister Arun Jaitley, the Delhi High Court on Thursday observed that the one who has already filed a defamation suit can not be defamed again.
Jaitley, who was present in court in connection with the defamation case he filed against Delhi Chief Minister Arvind Kejriwal and other AAP leaders, furiously asked Jethmalani whether the word was used by him in his personal capacity or as per the instruction from Kejriwal.
"I will aggravate the charges against the defendants (Kejriwal)... there is a limit to personal malice", Jaitley said on Wednesday after Jethmalani said it has been used by him on instruction from Kejriwal.
Jaitley's senior advocates Rajiv Nayar and Sandeep Sethi had raised the issue before the court saying they want a clarification from Kejriwal whether the remarks were made on his instructions or by Jethmalani on his own. Let Defendant 1 make good his allegations. Kejriwal], then no point in continuing with the cross-examination of the plaintiff [Mr. "Let him step into the box", the judge said.
If, on the other hand, Mr. Jethmalani had on his own made the remarks, then it would be a violation of the Bar Council of India rules, he said.
"What is to be done when such scandalous remarks are made?"
"The question is disallowed as the article has been observed to be irrelevant by the court on May 15, 2017. It's unpleasant", Justice Manmohan said, adding that "cross-examination should be carried out in accordance with the law". The court said if cross examination is carried out in this manner in rape cases then it would amount to the victim being raped all over again and that too in court.
Five AAP leaders - Raghav Chadha, Kumar Vishwas, Ashutosh, Sanjay Singh and Deepak Bajpai - along with Kejriwal are also facing a criminal defamation case filed by Jaitley on the same issue.
On Wednesday, Jaitley and Jethmalani clashed in the court, with the Minister taking a strong objection to the use of word "crookery" by the senior lawyer.
The term angered Jaitley and heated exchange followed between the duo and between their legal teams, forcing the court to adjourn the fourth round of cross-examination for July 28 and 30.