Didn’t instruct lawyer to use bad word against Jaitley: Kejriwal tells Delhi HC

12 Dec 2017

Chief minister Arvind Kejriwal has denied before the Delhi High Court that he filed a false affidavit claiming he had not instructed his counsel to use derogatory words against Union minister Arun Jaitley.

Kejriwal's response came in pursuance to the August 23 notice issued to him by Justice Manmohan on Jaitley's plea seeking action against the chief minister for making a false statement during his cross-examination in a defamation suit against him and five other AAP leaders. Jaitley, who has filed a Rs 10 crore defamation suit against Kejriwal and five other AAP leaders, had moved a fresh application alleging that the chief minister had falsely denied that he had instructed his then senior lawyer to make derogatory comments. This was opposed by his former counsel Ram Jethmalani two days later. The High Court listed the matter for hearing on April 26.

In his response filed through advocate Anupam Shrivastav, Kejriwal has denied that he has committed any perjury or made any false statement supported by an affidavit under oath. "It is denied that the senior advocate representing the Defendant 1 (Kejriwal) on instructions had used abusive, offensive and per se defamatory words against the applicant/ plaintiff (Jaitley).
On the contrary the Defendant No.1 had at no time instructed his counsels to use abusive, offensive or defamatory language against the applicant," he said. The Delhi chief minister also submitted that the Bar Council Rules and the Advocates Act 1961 prohibits a senior advocate from taking instructions in any case directly from a client. "Therefore no utterances of a senior advocate can be attributed to the instructions of the client unless they are received through the Advocate on Record (Instructing Counsel)," he said.

Kejriwal said the Union minister's application was "completely baseless" and was filed with the sole motive of "attempting to overawe the judicial process" sought its dismissal with costs.
"It is denied that untrue averments have been made in the pleadings which would amount to committing perjury," he said.
The High Court had on August 23 sought Kejriwal's response on the plea seeking that a criminal complaint be lodged against him for allegedly filing a false affidavit that he did not instruct his counsel to use derogatory words against Jaitley.