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The Delhi High Court had earlier this year upheld a trial court's order summoning Kejriwal, stating that retweeting defamatory content does amount to defamation
The Supreme Court has today extended by six weeks the stay granted on the defamation proceedings against Delhi Chief Minister Arvind Kejriwal for retweeting a video titled 'BJP IT Cell Part 2', created by YouTuber Dhruv Rathee, in May 2018.
A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan has directed for the case to be listed after six weeks while the interim directions would continue.
Senior Advocate AM Singhvi, appearing for Kejriwal told court today, "We may be given sometime..lots going on with this man right now..". Singhvi referred to the corruption and money laundering charges faced by Kejriwal in the liquor scam case.
In February, Delhi High Court, had declined to quash a criminal defamation case, while its single judge bench of Justice Swarana Kanta Sharma upheld a trial court's order summoning Kejriwal, stating that retweeting defamatory content does amount to defamation.
The case was initiated by Vikas Sankrityan, also known as Vikas Pandey, a purported supporter of Prime Minister Narendra Modi and founder of the social media page 'I Support Narendra Modi'. The video by Rathee accused Pandey of being the second-in-command of the BJP IT cell and offering Rs. 50 lakh to someone named Mahavir Prasad to retract allegations of spreading lies and fake news against the ruling party's IT cell.
High Court rejected Kejriwal's plea, emphasizing that Kejriwal, with a significant Twitter following, understood the implications of retweeting the video.
"While the petitioner may plead absence of any malicious intent in the act of retweeting, the Court has to consider the responsibility that accompanies the petitioner's political and social standing. Needless to say, the large social media following of a Chief Minister of a State undoubtedly implies a wider reach, making any retweet a form of public endorsement or acknowledgment," the court said.
The case stems from the video's accusations that Pandey offered money to Prasad, which Kejriwal shared on May 7, 2018, without verifying the allegations' authenticity.
Kejriwal received the summons on July 17, 2019, and subsequently approached the High Court, seeking the quashing of the case.
Case Title: Arvind Kejriwal vs. State of NCT of Delhi
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