The legal saga began when Arvind Kejriwal retweeted a video titled “BJP IT Cell Part II” in May 2018, leading to a defamation complaint by Vikas Sankrityayan. Video made by YouTuber Dhruv Rathee, which allegedly contained defamatory content against the Bharatiya Janata Party (BJP) IT Cell. Supreme Court Extends Stay on Against Arvind Kejriwal.
The Supreme Court of India on Monday (Februray11) has once again become the focal point of a significant legal battle involving Delhi Chief Minister Arvind Kejriwal. This time, the controversy revolves around a defamation case triggered by Kejriwal’s retweet of a video made by YouTuber Dhruv Rathee, which allegedly contained defamatory content against the Bharatiya Janata Party (BJP) IT Cell.
Background of the Legal Tussle:
The legal saga began when Arvind Kejriwal retweeted a video titled “BJP IT Cell Part II” in May 2018, leading to a defamation complaint by Vikas Sankrityayan. Following the complaint, a trial court issued summons to Kejriwal, which were upheld by the Delhi High Court, stating that as a public figure, Kejriwal’s tweets could have significant ramifications.
Challenging the High Court’s decision, Kejriwal approached the Supreme Court, leading to an initial stay on the criminal defamation proceedings. The apex court’s bench, comprising Justices Sanjiv Khanna and Dipankar Datta, has been deliberating on whether a retweet can be considered as grounds for criminal defamation.
In today’s hearing, the Supreme Court extended the interim stay on the defamation proceedings against Kejriwal for two more months. The extension came after the complainant expressed willingness to consider a public apology from the Delhi Chief Minister. Justice Khanna, addressing Kejriwal’s counsel, Senior Advocate Dr. AM Singhvi, suggested,
“if you want to give an apology, you can circulate it without […] your rights and contentions. Otherwise, we will examine the legal issue whether retweeting is a criminal offence or not.”
The court has scheduled the next hearing for the week beginning May 13, maintaining that
“The interim order directing the trial court not to proceed with the matter will remain till the next date of hearing.”
The Apology and Legal Arguments:
During the proceedings, Singhvi indicated that Kejriwal acknowledged the retweet as a mistake and was prepared to issue an apology. However, the format and content of the apology remain a point of negotiation. The court has left it to Kejriwal to draft the apology without affecting his legal rights and contentions.
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On the other side, Advocate Raghav Awasthi, representing the complainant, insisted on a public apology from Kejriwal. The court, however, decided not to delve into the reasons behind the initial withdrawal of the complaint by the complainant, which was later revived.
This case highlights the complex interplay between freedom of expression and defamation laws, especially in the context of social media and political figures. Kejriwal’s defense challenges the legal basis of the defamation proceedings, arguing that the retweet did not cause any legal injury under Section 499 of the Indian Penal Code.
Furthermore, Singhvi raised concerns about the timing of the trial’s acceleration, suggesting political motives ahead of upcoming elections. He also pointed out that the original tweet had been deleted, questioning the sustainability of the defamation proceedings based on the retweet.
As the Supreme Court continues to deliberate on this case, the outcome will not only affect Kejriwal but also set a precedent for how retweets are treated under defamation law in India. The legal community and the public eagerly await the final decision, which could redefine the boundaries of free speech and defamation on digital platforms.
Case title- Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr. | Special Leave Petition (Criminal) No. 2413 of 2024
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