Relief to CM Arvind Kejriwal, SC stays summons by UP court

In a major relief to chief minister Arvind Kejriwal and AAP leader Kumar Vishwas, the Supreme Court on Thursday stayed the summons issued against them by a court in Uttar Pradesh and issued notice to the state government seeking its response.

A bench of Justices J.S. Khehar and Arun Mishra stayed the summons issued by the Sultanpur court to Mr Kejriwal and Mr Vishwas, who have been accused of violating prohibitory orders by holding an unscheduled roadside meeting while going to Amethi and thereby obstructing the movement of traffic. The present appeal was directed against an order of the Allahabad HC declining to stay the summons.

According to the appellants during the last Lok Sabha elections, an FIR was lodged against them by the assistant election officer on April 20, 2014, under IPC sections including 143 (punishment for unlawful assembly), 186 (obstructing public servant in discharge of public functions), 341 (wrongful restraint), 353, 171G (false statement in connection with an election). It was alleged that the petitioners had not acquired proper permissions and caused inconvenience and traffic jams due to procession. The party workers also allegedly violated the code of conduct and used criminal force against public servants on duty. It was submitted on their behalf that they had requisite permissions for a rally and there was no prohibitory order in force at the time of alleged offence. They had also told the court that the local administration and police had filed frivolous complaints against them to cause impediments in their election campaign in Gauriganj area of Amethi district.