Delhi Chief Minister Arvind Kejriwal’s plea challenging the Delhi High Court’s decision to uphold the summons in a criminal defamation case is set to be heard by the Supreme Court. Kejriwal’s admission of making a mistake by retweeting the allegedly defamatory video case.
![[Kejriwal's Defamation Case] SC to Hear Plea Against Summons Today](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/05/23456.jpg?resize=779%2C434&ssl=1)
NEW DELHI: Today (13th May): Delhi Chief Minister Arvind Kejriwal is scheduled to appear before the Supreme Court today to challenge a Delhi High Court order that upheld the summons issued to him in a criminal defamation case. The case pertains to a retweet he made in May 2018 of an allegedly defamatory video circulated by YouTuber Dhruv Rathee.
READ ALSO: Arvind Kejriwal’s Defamation Case: Supreme Court Challenged Over Video Retweet
A bench consisting of Justices Sanjiv Khanna and Dipankar Datta is likely to hear the matter. Kejriwal’s counsel will present arguments to contest the Delhi High Court’s decision to uphold the summons in the defamation case.
Background
Kejriwal has admitted to making a mistake by retweeting the video, and the Supreme Court had previously asked him if he wished to apologize to the complainant.
In February 2024, Kejriwal admitted in the apex court that he had made a mistake by retweeting the allegedly defamatory video related to the BJP IT Cell. Accepting his mistake, the Supreme Court, on March 11, asked Kejriwal if he wanted to offer an apology to the complainant involved in the case. The court’s inquiry into a potential apology demonstrates the gravity of the matter.
READ ALSO: SC to Hear Arvind Kejriwal’s Plea Against ED Arrest on April 15
Previously, the Delhi High Court had refused to quash the Trial court’s 2019 order to summon Kejriwal, emphasizing that the implications of a public figure’s defamatory tweet are far-reaching.
The High Court, in its ruling on February 5, emphasized of retweeting, stating that it should attract penal, civil, and tort actions. Particularly, when political figures like the chief minister engage in retweeting with a substantial social media presence, the act transforms into a public endorsement, carrying weight with the public.
The case relied on the Indian Penal Code (IPC), 1860, which defines defamation under Section 499. According to this section, any act or publication intending to harm the reputation of another person constitutes defamation. The court emphasized the necessity to interpret the concept of publication in the context of virtual platforms.
READ ALSO: PIL Against Arvind Kejriwal’s Arrest Not Maintainable: Delhi HC
The Supreme Court granted interim bail to Arvind Kejriwal until June 1 in a case related to the alleged Delhi liquor excise policy scam. This bail allows the Chief Minister to be released from Delhi’s Tihar Jail until the final phase of voting for the Lok Sabha election in 2024. However, as per the court’s directive, Kejriwal must surrender to prison officials by June 2.
