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.
The Delhi High Court on Friday termed as "scandalous" certain remarks made by Arvind Kejriwal's lawyer Ram Jethmalani against Arun Jaitley during his cross examination in a civil defamation suit filed by the Union Minister.
Justice Manmohan said if such remarks were made on instructions of Kejriwal, then he should "first step into the box and make good his allegations" before continuing with Jaitley's cross examination.
"If such allegations have been made on instructions of Defendant 1 (Kejriwal), then no point in continuing with cross examination of plaintiff (Jaitley) any more. Let Defendant 1 make good his allegations. Let him step into the box," the judge orally observed.
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.
Nayar said if Kejriwal had instructed the senior lawyer to make the adverse remark, then they would seek additional aggravated damages of Rs 10 crore from him. If on the other hand, Jethmalani had on his own made the remark, then it would be a violation of the Bar Council of India rules, he said.
Representing Kejriwal, Jethmalani was quoted saying by India Today that the minister was 'guilty of crime and crookery' and that Jaitley was 'deceiving the people by concealing his guilt of crime'.
The Finance Minister, who appeared before Joint Registrar Deepali Sharma, lost his cool and asked Jethmalani whether the word was used as per instructions from Kejriwal.
"If this is so, I would aggravate the charges against the defendant (Kejriwal)," Jaitley said, adding that there was a limit to personal malice. Senior advocates Rajiv Nayar and Sandeep Sethi, who were representing Jaitley, also said that Jethmalani was putting scandalous questions and should restrain himself from asking irrelevant ones "as this matter is Arun Jaitley versus Arvind Kejriwal and not Ram Jethmalani versus Arun Jaitley".
To this, Jethmalani said he used the word on the instruction of Kejriwal.
However, Anupam Srivastav, advocate on record for Kejriwal since the beginning of the suit, submitted that he had no instruction on the use of the word.
The court said that such manner of cross examination cannot be allowed and something has to be done. It directed Jaitley's lawyers to file an application with regard to the adverse remarks made against him by Jethmalani.
"What is to be done when such scandalous remarks are made. It's unpleasant," Justice Manmohan said and added that "cross (examination) should be carried out in accordance with 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.
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