A bench of justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan posted the matter for hearing after six weeks after senior advocate Abhishek Singhvi, appearing for Kejriwal, sought some more time to work out a settlement.
NEW DELHI: Today(12th Aug): Delhi Chief Minister Arvind Kejriwal, who is facing a defamation case for sharing a video by YouTuber Dhruv Rathi, requested 8-12 weeks from the Supreme Court. The Court subsequently postponed the hearing for 6 weeks.
During the proceedings, Kejriwal expressed his willingness to issue an apology, though not under the conditions set by the complainant.
A bench of justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan posted the matter for hearing after six weeks after senior advocate Abhishek Singhvi, appearing for Kejriwal, sought some more time to work out a settlement.
The defamation case was filed by BJP leader Suresh Nakhua, who accused Kejriwal of defaming him by sharing Dhruv Rathi’s video on Twitter, which allegedly contained false accusations against Nakhua.
Singhvi appeared on Monday stated
” He is dealing with several important issues in his life at the moment. A tweet should be the least of our worries. Please consider adjourning this matter for 8 to 12 weeks. I will update the Court on any progress related to the case”.
READ ALSO: “Made Error” by retweeting video: Delhi CM Kejriwal tells SC in defamation case
On the other hand, lawyer Raghav Awasthi, who appeared on behalf of the complainant, said
“I have received a draft apology. Please grant me two weeks to provide all necessary information. However, an indefinite extension cannot be allowed; some compromise must be reached in this matter”.
On March 11, the Supreme Court asked Kejriwal if he wished to apologize to the complainant in the matter.
Earlier, on February 26, Kejriwal had informed the apex court that retweeting the controversial video related to the BJP IT Cell was an error on his part.
On the same day, without issuing a notice on Kejriwal’s appeal against the high court’s ruling, the Supreme Court had inquired whether the complainant was willing to resolve the issue, given Kejriwal’s acknowledgment of the mistake.
The Supreme Court had also directed the trial court not to proceed with the defamation case against Kejriwal until further notice.
In its February 5 verdict, the high court ruled that reposting allegedly defamatory content falls under the scope of defamation law. It emphasized that a sense of responsibility is necessary when retweeting content about which one lacks knowledge, and retweeting defamatory material could lead to criminal, civil, and tort liability if no disclaimer is provided.
The high court, while declining to overturn the trial court’s 2019 order summoning Kejriwal, noted that when a public figure tweets a defamatory statement, the impact is far greater than a mere private conversation.
READ ALSO: Arvind Kejriwal’s Defamation Case: Supreme Court Challenged Over Video Retweet
The court further stated that allowing retweeting or reposting to remain a legal grey area could enable people with malicious intent to misuse it and later claim they were merely sharing content.
In the high court, Kejriwal argued that the trial court did not recognize that his tweet was not intended to harm the complainant.
The complainant, Sankrityayan, contended that the YouTube video titled “BJP IT Cell Part II,” circulated by Dhruv Rathi, who resides in Germany, contained numerous false and defamatory allegations.
