Made mistake by retweeting ‘defamatory’ video: Delhi CM Kejriwal to SC

Delhi Chief Minister Arvind Kejriwal has told the Supreme Court that he made a mistake by retweeting an allegedly defamatory video related to the BJP IT Cell, circulated by YouTuber Dhruv Rathee.

A bench of justices Sanjiv Khanna and Dipankar Datta on Monday (February 26) asked the complainant, Vikas Sankrityayan, whether he wanted to close the matter in view of the chief minister’s apology and also asked the trial court not to take up the defamation case involving Kejriwal till March 11.

The court did not issue any notice on Kejriwal’s plea challenging a Delhi High Court order upholding the summons issued to him as an accused in the criminal defamation case.

What HC said

Senior advocate Abhishek Singhvi, appearing for Kejriwal, said, “I can say this much that I made a mistake by retweeting.” In its judgement dated February 5, the high court had said that reposting alleged libellous content would attract the defamation law.

The high court had said a sense of responsibility has to be attached while retweeting content about which one does not have knowledge and added that retweeting of defamatory content must invite penal, civil, as well as tort action if the person retweeting it does not attach a disclaimer.

Kejriwal’s plea

The chief minister had said in high court that the trial court failed to appreciate that his tweet was not intended or likely to harm the complainant. Kejriwal’s plea before the high court also said the trial court erred in not providing any reasons for issuing the summons and the orders were ‘ex-facie’ devoid of judicial application of mind.

Sankrityayan 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”.

(With agency inputs)