Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal For Retweeting Dhruv Rathee's Video On BJP IT Cell

In a challenge to the defamation case lodged against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell, the Supreme Court today extended the interim stay of trial proceedings against Kejriwal.

The Bench of Justices Sanjiv Khanna and Dipankar Datta, on hearing a submission by the complainant's counsel that Kejriwal may tender an apology on public platforms, suggested that the format be given to the Minister, which if acceptable to him will be the end of the matter. However, the words of the apology will not be chosen by the Court and in case of failure of the parties to resolve the matter as such, the legal issue of whether retweeting constitutes a criminal offence will be taken up and decided.

During the hearing, Justice Khanna put to Senior Advocate Dr AM Singhvi (appearing for Kejriwal), "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 of not".

To recap, the Aam Aadmi Party (AAP) chief initiated the present proceedings pursuant to a defamation case lodged against him for retweeting a video on social media platform 'X' making certain allegations related to BJP IT Cell.

Initially, he approached the Delhi High Court against summons issued in the case. However, the High Court refused to quash the summons. Aggrieved, the Delhi CM approached the Supreme Court.

On February 26, 2024, Singhvi stated that Kejriwal was ready to admit that the retweet was a mistake. As such, the top Court allowed time to the complainant to decide whether he was agreeable to the case being closed. In the meantime, the trial court was instructed not to take up the matter.

At request of the parties, the matter was adjourned today till May. The interim orders have been directed to continue till the next date.

For a detailed background and gist of earlier proceedings, click here.

Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr. | Special Leave Petition (Criminal) No. 2413 of 2024

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