On Monday, February 5, the Delhi High Court refused to quash the criminal defamation case filed against Delhi Chief Minister and AAP chief Arvind Kejriwal for retweeting a video by YouTuber Dhruv Rathee on the Bharatiya Janata Party (BJP) IT Cell. The High Court stated that reposting or retweeting any online interaction on Twitter attracts liability for the offence of defamation.
According to the Live Law report, Kejriwal filed the petition in 2019. A coordinating bench had stayed trial court proceedings in the matter in December 2019. Justice Swarana Kanta Sharma of the High Court upheld a trial court order summoning Kejriwal in the case. The court noted that Kejriwal has a significant following and understood the repercussions of retweeting the video.
The court ruled that retweeting a social media post carrying defamatory content will attract charges of defamation under Section 499 of the Indian Penal Code (IPC). The court upheld the summons issued by the Magistrate and the order passed by the Sessions Court rejecting Kejriwal’s revision plea against the same.