The Supreme Court today sought response from Uttar Pradesh government on a plea of Delhi Chief Minister Arvind Kejriwal and AAP leader Kumar Vishwas challenging the summons issued to them by a lower court in connection with a criminal case.
A bench headed by Justice J S Kehar issued notice to UP government and also granted exemption to Kejriwal and Vishwas from personal appearance.
The AAP leaders had approached the apex court against the October 24 verdict of Allahabad High Court dismissing their pleas against summons issued by a trial court in Sultanpur on October 7.
During the last Lok Sabha elections, an FIR was lodged by the assistant election officer on April 20, 2014, against Kejriwal and Vishwas under 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) of IPC.
The petitioners had challenged the summons in Allahabad High Court on grounds including that they had all the 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.
The charge sheet was filed on April 13, 2016 and on October 7, the court of additional chief judicial magistrate, Sultanpur, issued summons against them.