The
Supreme Court on Monday deferred by six weeks hearing on a plea of Chief
Minister Arvind Kejriwal challenging a Delhi High Court order upholding the
summons issued to him in a criminal defamation case for retweeting an allegedly
defamatory video circulated by YouTuber Dhruv Rathee in 2018.
A
bench of justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan posted the matter
for hearing after six weeks after senior advocate Abhishek Singhvi, appearing
for Kejriwal, sought some more time to work out a settlement.
"We express regret but some more time may be
given (for settlement). Currently, too many things are going on in this man's
life," Singhvi submitted.
Advocate
Raghav Awasthi, appearing for the complainant, submitted that time may be given
(to Kejriwal) but it should not be unlimited and some negotiations have to take
place.
Singhvi
submitted that although he (Kejriwal) expresses regret for the tweet but it
cannot be on his (complainant's) terms.
The
bench posted the matter for hearing after six weeks to enable the parties reach
a settlement.
Earlier,
Kejriwal has admitted that he "committed a mistake" by retweeting the
alleged defamatory video.
On
March 11, the top court asked Kejriwal whether he wanted to give an apology to
the complainant in the matter.
Kejriwal
had on February 26 told the apex court that he made a mistake by retweeting the
allegedly defamatory video related to the BJP IT Cell.
The
counsel appearing for complainant Vikas Sankrityayan had told the top court
that Kejriwal may issue an apology on social media platforms like microblogging
platform 'X' or Instagram.
On
February 26, the apex court, without issuing notice on Kejriwal's plea
challenging the high court order, had asked the complainant whether he wanted
to close the matter in view of the petitioner accepting it was a mistake.
The
top court had asked the trial court not to take up the defamation case
involving Kejriwal till further orders.
In
its February 5 verdict, the high court said that reposting alleged libellous
content would attract the defamation law.
It
said a sense of responsibility has to be attached while retweeting content
about which one does not have knowledge and added that retweeting defamatory
content must invite penal, civil as well as tort action if the person
retweeting it does not attach a disclaimer.
The
high court, while refusing to quash the trial court's 2019 order summoning
Kejriwal, had said when a public figure tweets a defamatory post, the
ramifications extend far beyond a mere whisper in someone's ears.
It
had said if the act of retweeting or reposting is allowed to be misused as it
is still considered to be a vacant grey area of law, it will encourage people
with ill intentions to misuse it and conveniently take a plea that they had
merely retweeted a content.
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.
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".