Underlining that no one could be subjected to “indecent, abusive, scandalous and offensive language in the garb of cross-examination,” the Delhi High Court Wednesday accepted a statement of assurance from Chief Minister Arvind Kejriwal’s counsel that such “scandalous questions” would not be put to Union Minister Arun Jaitley during the latter’s cross-examination.
Justice Manmohan was hearing the matter pertaining to the application filed by Jaitley, requesting to expedite recording of evidence in the civil defamation suit filed by him against Kejriwal and five others besides conducting it in a “fair, dignified and bonafide manner”.
The application added that during proceedings, the questions put to Jaitley was “ex-facie abusive and defamatory”. Kejriwal, in his reply, said there was no delay and that he had not instructed his counsel, Ram Jethmalani, to use objectionable words.
The judge, however, made it clear that the offending party would be “hauled” if the assurance is violated.
Stating that he was giving “one more chance” to the defendants, Justice Manmohan said the matter would be transferred to a judge if there was an “iota” of violation. The aggrieved party is also at liberty to approach the court in case of violation, the judge said. “In every hearing, would my client (Jaitley) be subjected to such humiliation?” asked Jaitley’s counsel, Rajiv Nayar, adding, “Would a fresh defamation suit be filed at each proceeding?” Nayar also said Jethmalani could file an affidavit to clarify whether Kejriwal had given him instructions. The judge then said the Union minister had already initiated a second defamation suit in the matter.
Kejriwal’s counsel, senior advocate Anoop George Chaudhari, said the remarks could be expunged, to which Nayar said, “The damage was already done.” Nayar also requested the court to transfer the matter before a judge, to which Justice Manmohan said it would result in a delay.
Noting Chaudhari’s submission that Kejriwal had filed a reply saying he had not instructed Jethmalani, the judge said there was a new “dangerous trend” to deny the averments made by the previous counsels during trial. The judge directed “all future proceedings to be conducted in a dignified manner”. He posted the cross-examination of Jaitley to August 28.
