Delhi HC Stays Defamation Case Filed Against Kejriwal For Retweeting An Alleged Defamatory Video

Appearing for the Delhi CM, Senior Counsel Vikas Pahwa argued that Kejriwal had just retweeted a video posted by Dhruv Rathee. No complaint has been filed against Rathee who is actually the author of the impugned video, submitted Pahwa.

He went on to argue that there are around 11,114 people who also either retweeted or liked that video. However, out of all these people, the complaint is only filed against one person. Pahwa argued, therefore, that it's a complete abuse of law and it's a mala fide complaint.

It was also submitted by Pahwa that Kejriwal has never met the complainant and had no intention of defaming the complainant. He said:

'6000 tweets are being posted each second. It's impossible to even expect from someone to check the veracity of each and every tweet before retweeting it'.

The case pertains to a complaint filed by Vikas Sanskrityayan alleging that Kejriwal intentionally retweeted a post by YouTuber Dhruv Rathee, which as per the complaint, is defamatory in nature. Complainant has also alleged that the said tweet of Kejriwal had tarnished his reputation both in India and abroad. 

Kejriwal had first challenged the Magistrate's order rejecting the summons issued against him before the Sessions Judge only to avail no relief . In his plea, Kejriwal has submitted that the trial court's order is void as it was passed without any judicial application of mind.

The Magistrate had also recorded in his order that the post retweeted by Kejriwal refers to the complainant and is prima facie defamatory in nature. Therefore, the Magistrate summoned the Chief Minister.