On Monday, the Supreme Court ordered a trial court to refrain from taking any coercive actions against Delhi Chief Minister Arvind Kejriwal in a 2018 defamation case. The case involves Kejriwal’s retweet of a video by YouTuber Dhruv Rathee. Delhi Chief Minister Kejriwal admitted to the Supreme Court that he had made an error by retweeting a video during the proceedings of a defamation case.
NEW DELHI: Today, On 26th February: The Supreme Court of India has provided interim relief to Delhi Chief Minister Arvind Kejriwal in a defamation case initiated from his retweet of a video by YouTuber Dhruv Rathee in May 2018. The apex court directed a Delhi trial court to pause proceedings against Kejriwal until further notice, marking a pivotal moment in the case that has attracted widespread attention.
READ ALSO: Supreme Court Intervenes in Hate Speech Case Against Tamil Nadu BJP Chief K. Annamalai
Background
The defamation case was initiated by the founder of the ‘I Support Narendra Modi’ page, following Kejriwal’s retweet of Rathee’s video that criticized the page’s operations. This legal battle not only reflects the contentious nature of political discourse on social media but also sets a precedent for understanding the legal boundaries of online expressions and endorsements.
Kejriwal’s retweet of a video posted by Dhruv Rathee, which was alleged to contain defamatory content. The Chief Minister, represented by Senior Advocate Abhishek Manu Singhvi, admitted to the Supreme Court that the retweet was a mistake and expressed his desire for the case’s resolution. The Supreme Court, acknowledging Kejriwal’s admission, has asked the complainant to consider closing the case in light of this admission.
READ ALSO: Assam’s Repeal of Muslim Marriage Law Sparks Controversy and Debate
Senior Advocate Abhishek Manu Singhvi, appearing for Kejriwal, told a bench of Justices Sanjeev Khanna and Dipankar Dutta, “I have no problem in admitting that this was a mistake.”
The Supreme Court’s decision to stay the trial court’s proceedings temporarily comes as a relief to Kejriwal, who sought protection from having to appear in court. The case, scheduled for further hearing on March 11, highlights the legal nuances of social media actions, such as retweets, and their implications in defamation law.
“There are two ways to look at this case – one, it is an endorsement and other way is that you have found something on the internet and tweet it. And this goes against you.
The bench also said,
Justice Sanjiv Khanna of the Supreme Court noted the dual perspectives of a retweet potentially being seen as an endorsement of the original content.
READ ALSO: Haldwani Violence: Abdul Malik in Police Custody for 10 Days
The court had said that retweeting a social media post for carrying defamatory content will attract charges of defamation in terms of Section 499 of Indian Penal Code (IPC). The court upheld the summons issued by the Magistrate and the order passed by the Sessions Court rejecting Kejriwal’s revision plea against the same.