kejriwal-s-mea-culpa-sc-stays-defamation-proceedings-as-lawyer-apologizes

The Supreme Court, on February 26, ordered a temporary halt to the trial court proceedings in a defamation case against Delhi Chief Minister Arvind Kejriwal. The case involves a defamation suit against Kejriwal for retweeting a video on social media, making allegations against the Bharatiya Janata Party (BJP) IT Cell.

 

The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, adjourned the hearing of Kejriwal's special leave petition challenging the Delhi High Court's ruling until March 11. The High Court had refused to quash the summons in the defamation case, prompting Kejriwal to approach the Supreme Court.

 

Senior Advocate Abhishek Manu Singhvi, representing Kejriwal, argued that the complaint was solely based on a retweet, which was an exact replication without any alteration. He highlighted that the original complaint was withdrawn before being refiled nine months later, suggesting procedural irregularities. 

 

Justice Khanna raised the issue of interpreting retweets, suggesting that they could be seen as endorsements or merely sharing information found online.

 

Singhvi indicated his intention to challenge the High Court's interpretation of retweets while admitting that the retweet in question was a mistake. The bench then asked the complainant if he was willing to close the case in light of Kejriwal's admission. Advocate Raghav Awasthi, representing the complainant, sought instructions before agreeing to close the case.

 

Singhvi requested an adjournment before the trial court, expressing concern over the rapid prosecution of Kejriwal. He emphasized the need for a fair trial and suggested an adjournment until the next week, which Awasthi agreed to.

 

Justice Khanna assured that Kejriwal need not appear in court for the time being, given his official position. He directed the hearing to be adjourned until March 11, with instructions for the trial court to refrain from taking up the matter in the meantime.

 

The case details are documented under Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr., bearing Special Leave Petition (Criminal) No. 2413 of 2024.

 

The case revolves around a defamation suit filed against Kejriwal for retweeting a video alleging corruption within the BJP IT Cell. The Delhi High Court's ruling deemed retweets of defamatory content as 'publication' under the Indian Penal Code, holding Kejriwal accountable for his social media activity. Kejriwal has challenged this ruling in the Supreme Court.