Arvind Kejriwal’s Defamation Case Gets Deferred; He Says that He Tweeted the Video by Mistake
Image Source: Business Standard
Delhi CM Arvind Kejriwal got some relief in the 2018 defamation case filed against him regarding a retweet of a post uploaded by Youtuber Dhruv Rathee on X, accusing Vikas Pandey (Sankrityan), a BJP IT cell member, of offering a bribe of 50 lakhs to a former IT member to retract the allegations that BJP circulates & spreads fake news.
The Supreme Court on Monday issued directions for adjournment to the trial court as the CM approached the apex court to contest the summons issued against him in the case. SC had asked Vikas Pandey, the complainant in the case, if it could be withdrawn since Kejriwal concedes that he retweeted the video by mistake.
While addressing the issue, Justice Dipankar Datta & Sanjiv Khanna said that whether the retweet constitutes defamation or not is up to the evidence presented in the trial, and it may be an endorsement which may have ramifications, but “the other thing could be to say you spot something on the platform and share it for information.” The bench subsequently postponed the hearing until 11 March, saying the CM “need not appear in court.”
Abhishek Manu Singhvi, appearing for Kejriwal, had filed a petition against the Delhi High Court which had denied revoking the summons order issued by them on the plea filed by the complainant. Singhvi further said, “It is just a retweet with no addition. This cannot be a ground to target someone for political reasons. I can say this much that I made a mistake by retweeting.” He also added that there is no ground for a defamation suit as the retweet has not caused any legal injury according to Section 499 of IPC. The Court further asked the lawyer representing Vikas Pandey that the petitioner has asked for closure and has apologized for the matter, and they should take it into account.
Previously, The Delhi High Court had refused to quash the matter, saying that an important public figure disseminating something has a vast impact and is “more than just a whisper”. “When a public figure with political standing tweets or retweets defamatory posts, the repercussions escalate given the broader implications on society. The audience, therefore, becomes a citizenry at large whose opinion may be influenced by the information they consume, including the defamatory statement published on social media.”
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