‘If No Apology, May Examine if Re-Tweeting Is Criminal or Not’, SC to Delhi CM in Defamation Case

The counsel, representing the complainant in the criminal defamation case, said that AAP leader and Delhi CM Kejriwal may issue an apology on ‘X’ or Instagram. The Supreme Court told the counsel of Kejriwal that if the Delhi CM does not apologise, then the court would examine whether retweeting by Kejriwal of an alleged defamatory video is a criminal offence or not.

New Delhi :The Supreme Court on Monday asked the counsel, representing Delhi chief minister Arvind Kejriwal, whether he wants to give an apology, otherwise the court could examine the legal issue whether merely re-tweeting is a criminal offence or not. Kejriwal has challenged a Delhi High Court order, which upheld the summons issued to him as an accused in a criminal defamation case.

A bench of justices Sanjiv Khanna and Dipankar Datta told senior advocate A M Singhvi, representing Kejriwal, “So, if you want to give an apology, you can circulate it without prejudice to your rights and contentions. Let him examine….”. “Otherwise, we will examine the legal issue whether merely re-tweeting is a criminal offence or not…”, added the bench.

The apex court observed that it may agree with Kejriwal and “we may agree with the other side. We will examine that”.

A counsel, representing the complainant Vikas Sankrityayan, said that the AAP leader may issue an apology on public platforms like microblogging platform ‘X’ or Instagram. The bench asked the counsel that he should inform the court what he wants and it can put it to the other side. “We are not going to step into your shoes or the other side’s shoes,” the bench told the complainant’s counsel. The apex court told the complainant’s counsel that his client can give the format of the apology to Kejriwal.

The bench, when a counsel sought time to take instructions, said, “Show him the apology. If he agrees to it, then it is fine”.

The apex court said its earlier order asking the trial court not to take up the defamation case till March 11 would continue till the next date of hearing. The apex court has scheduled the matter for further hearing in the week commencing May 13.

The Delhi CM, on February 26, told the apex court that he made a mistake by retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee related to the BJP IT Cell. The apex court had asked the complainant whether he wanted to close the matter in view of the petitioner accepting it was a mistake. The bench had not issued notice in the previous hearing on the matter.

The high court, in February, had said that reposting alleged libelous content would attract the defamation law. Kejriwal had contended before the high court that the trial court erred in not providing any reasons for issuing the summons. The complainant claimed the YouTube video titled ‘BJP IT Cell Part II’ was circulated by Rathee, who lives in Germany, “wherein a number of false and defamatory allegations were made”.

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