'Can tender apology': SC tells Kejriwal in defamation case

The bench also clarified at the same time that otherwise it would examine the legal issue whether merely retweeting is criminal offence or not.
AAP Chief Arvind Kejriwal
AAP Chief Arvind KejriwalPhoto | PTI

NEW DELHI: The Supreme Court on Monday asked Delhi Chief Minister Arvind Kejriwal whether he wanted to give an apology to the complainant, who had filed a defamation case against him for his retweet in the Dhurv Rathee case.

A two-judge bench of the Supreme Court, headed by Justice Sanjiv Khanna and also comprising Justice Dipankar Datta, asked Dr Abhishek Manu Singhvi a senior lawyer representing Kejriwal asked, "If you want to give an apology, you can circulate it without prejudice to your rights and contentions."

The bench also clarified at the same time that otherwise it would examine the legal issue of whether merely retweeting is criminal offence or not. "There would be a proper hearing for the issue and we will examine the law point later on," the bench said.

The Supreme Court in its order on Monday also extended till May 13 the interim order of stay on trial proceedings in the defamation case against Delhi CM Arvind Kejriwal over retweeting of a video making allegations against BJP IT Cell.

During the hearing on Monday, the complainant's counsel urged that an apology may be issued on a public platform by the accused, Kejriwal.

The apex court, after noting all the arguments of the parties, fixed the matter for further hearing to May 13.

On the last date of hearing on February 26, Kejriwal, admitted before the Supreme Court that "it was a mistake if I knew this was the consequence," in connection with the case against him for his retweeting an allegedly defamatory vjdeo posted by You Tuber, Dhruv Rathee.

"I do not mind saying before this court, that it is a mistake if I (Arvind Kejriwal) know this was the consequence in this case," Dr Singhvi, had told the two-judge bench, earlier during the hearing.

Kejriwal had moved the apex court after the Delhi High Court upheld the summons issued to him by a lower court as an accused in a criminal defamation case.

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