Supreme Court further extended the stay period (initially ordered on February 26) on hearing of Delhi Chief Minister Arvind Kejriwal's plea in a criminal defamation case. The case, challenging a Delhi High Court decision, will now be revisited in six weeks, around mid-September 2024.
A three judge bench consisting of Hon’ble Justices Sanjiv Khanna, R. Mahadevan and Sanjay Kumar took note of ongoing negotiations between the parties involved. Senior Advocate Abhishek Manu Singhvi, representing the CM, requested more time to conclude a settlement. The complainant’s counsel, however, cautioned that the extension should not be indefinite.
The focal point of dispute is a 2018 retweet by Mr. Kejriwal, which involved a video posted by YouTuber Dhruv Rathee. The video later led to a defamation suit filed by Mr. Vikas Sankrityayan.
Earlier, on February 26, the Supreme Court had halted the trial court proceedings and inquired whether a public apology from Kejriwal could resolve the matter. The Delhi Chief Minister admitted to the bench that his retweet was a mistake, prompting discussions on whether this admission could facilitate a settlement.
During the February 26 session, Justice Khanna highlighted the legal ambiguity surrounding retweets i.e. whether they should be viewed as endorsements or mere shares of information. Adv. Singhvi argued that the defamation claim hinged solely on the retweet, emphasizing the case's timing irregularities. The complainant's lawyer was given time to consider closing the case in light of Kejriwal’s concession of error.
The Supreme Court's decision to stay the case aligns with its broader objective of exploring whether public figures' social media actions can constitute defamation, particularly when the content in question is retweeted rather than originally posted. This case could set a significant precedent in defining the boundaries of social media responsibility for high-profile well-known figures.
In the interim, the trial court proceedings will remain on hold, with the next hearing scheduled to assess the progress of the settlement discussions and determine further steps in the legal process.
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