Supreme Court Gives Arvind Kejriwal Apology Option In Defamation Case

Supreme Court docket Provides Arvind Kejriwal Apology Possibility In Defamation Case

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The bench mentioned the complainant can provide the format of the apology to Arvind Kejriwal.

New Delhi:

The Supreme Court docket on Monday requested Delhi Chief Minister Arvind Kejriwal, who has challenged a Delhi Excessive Court docket order upholding the summons issued to him as an accused in a felony defamation case, whether or not he needed to offer an apology to the complainant within the matter.

On February 26, Mr Kejriwal advised the Supreme Court docket that he made a mistake by retweeting an allegedly defamatory video circulated by YouTuber Dhruv Rathee associated to the BJP IT Cell.

Through the listening to on Monday, a bench of justices Sanjiv Khanna and Dipankar Datta was advised by the counsel showing for complainant Vikas Sankrityayan that Mr Kejriwal could challenge an apology on public platforms like microblogging platform ‘X’ or Instagram.

“You inform us what you need. We will put it to the opposite aspect. We’re not going to step into your footwear or the opposite aspect’s footwear,” the bench advised the counsel.

The bench mentioned the complainant can provide the format of the apology to Mr Kejriwal.

“So, if you wish to give an apology, you’ll be able to flow into it with out prejudice to your rights and contentions. Let him look at,” the bench advised senior advocate Abhishek Singhvi, who was showing for Kejriwal.

“In any other case we’ll look at the authorized challenge whether or not merely re-tweeting is felony offence or not… We could agree with you, we could agree with the opposite aspect. We’ll look at that,” the bench mentioned.

When one of many legal professionals sought time to take directions, the bench mentioned, “Present him the apology. If he agrees to it, then it’s advantageous”.

Whereas posting the matter for listening to within the week commencing Might 13, the bench mentioned its earlier order asking the trial courtroom to not take up the defamation case until March 11 would proceed until the subsequent date of listening to.

On February 26, the Supreme Court docket, with out issuing discover on Kejriwal’s plea difficult the excessive courtroom order, had requested the complainant whether or not he needed to shut the matter in view of the petitioner accepting it was a mistake.

Singhvi had mentioned it was a case for retweeting on social media platform ‘X’ and the grievance filed was instantly adopted by recording of pre-summoning proof.

“Thereafter, the grievance was withdrawn. When it was refiled, after 9 months of the retweeting, it was suppressed that the unique grievance was withdrawn,” the senior lawyer had mentioned.

In its February 5 verdict, the excessive courtroom mentioned that reposting alleged libellous content material would entice the defamation regulation.

It mentioned a way of accountability needs to be connected whereas retweeting content material about which one doesn’t have information and added that retweeting defamatory content material should invite penal, civil in addition to tort motion if the individual retweeting it doesn’t connect a disclaimer.

The excessive courtroom, whereas refusing to quash the trial courtroom’s 2019 order summoning Kejriwal, had mentioned when a public determine tweets a defamatory submit, the ramifications prolong far past a mere whisper in somebody’s ears.

It had mentioned if the act of retweeting or reposting is allowed to be misused as it’s nonetheless thought of to be a vacant gray space of regulation, it is going to encourage folks with in poor health intentions to misuse it and conveniently take a plea that that they had merely retweeted a content material.

The chief minister had mentioned within the excessive courtroom that the trial courtroom failed to understand that his tweet was not meant or more likely to hurt the complainant.

Sankrityayan claimed the YouTube video titled ‘BJP IT Cell Half II’ was circulated by Rathee, who lives in Germany, “whereby a lot of false and defamatory allegations had been made”. 

(Apart from the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)

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