Made mistake by retweeting video: Delhi CM Kejriwal tells SC in defamation case

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

A bench of justices Sanjiv Khanna and Dipankar Datta, without issuing notice on a plea of Kejriwal challenging a Delhi High Court order which upheld summons issued to him as an accused in the criminal defamation case, asked the complainant whether he wanted to close the matter in view of the chief minister’s apology.

The bench also asked the trial court not to take up the defamation case involving Kejriwal till March 11.

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.

The chief minister had said in the high court that the trial court failed to appreciate that his tweet was not intended or likely to harm the complainant, Vikas Sankrityayan.

Kejriwal’s plea before the high court 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”.