A Delhi court on Tuesday refused to summon Chief Minister Arvind Kejriwal in a criminal complaint filed by a BJP leader who accused him of defamation for claiming that AAP leaders were approached to join the saffron party in return for cash.

Additional Chief Metropolitan Magistrate Tanya Bamniyal, however, summoned AAP leader Atishi, saying "prima facie" there was sufficient evidence against her in the matter.

The judge directed Atishi, a minister in the Kejriwal cabinet, to appear before the court on June 29.

BJP leader Praveen Shankar Kapoor had filed a case against Kejriwal and Atishi over poaching allegations made by the two.

"Having considered the facts and circumstances, the testimonies of the complainant's witnesses, the evidence placed on record, it prima facie appears that the alleged accused no. 1 (Atishi) has made specific defamatory statements as aforementioned against the complainant," the judge said.

Further, it prima facie appears that the aforesaid defamatory statements made by Atishi have been sufficiently published in the electronic media/social media which may make the right-thinking members of the society against the complainant, the judge said.

It appears that Atishi, by her spoken words and by words which were intended to be read, has made defamatory imputations which prima facie have lowered the reputation of the complainant amongst the right-thinking members of the society and the same has been made knowing and intending to harm the reputation of the complainant, the judge added.

Whereas, in view of the reasons stated above, "no prima facie offence is established against Kejriwal", the judge said.

"Therefore, in view of the above discussion, there exist sufficient grounds to summon accused Atishi Marlena under section 500 (defamation) IPC," the judge said.

Alleging that the claims made by the two senior AAP leaders against the BJP are false, Kapoor said the duo had not furnished any material to substantiate the allegations.

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