Defamation case: SC rejects AAP leader’s plea against trial

NEWDELHI: The Supreme Court on Friday dismissed an appeal of AAP leader Raghav Chadha challenging the Delhi High Court verdict that had paved way for his prosecution in a defamation case for retweeting an alleged objectionable tweet.

Chadha is facing prosecution for retweeting the alleged objectionable tweet of chief minister Arvind Kejriwal against Union minister Arun Jaitley.

A bench headed by Chief Justice Dipak Misra rejected the contention of Chadha that he cannot be prosecuted for “retweeting” and the offence, if any, has to under the Information Technology Act and not under the Indian Penal Code (IPC).

“We have heard you enough. Heard. Dismissed,” the bench told senior advocate Anand Grover, representing Chadha.

Grover contended his case involved a constitutional question as to whether a magistrate can hear a case covered under the IT Act.

Senior advocate Mukul Rohatgi sought dismissal of Chadha’s appeal, which was allowed.

HC had on September 25 dismissed Chadha’s petition for relief, saying it was “devoid of merit.” In his defence, the AAP leader has said that he had only retweeted Delhi chief minister’s tweet in the DDCA row.

Chadha has been summoned by the trial court where Jaitley has filed a case against him and five other AAP leaders, including Kejriwal.

On whether retweeting would constitute an offence of defamation under section 499 of IPC, the high court had said “it was a question that has to be deter- mined in totality of the circumstances and has to be decided during the trial.”

COURT RESERVES ORDER ON PLEA MOVED BY AAP LEADERS

A city court on Friday reserved order on the applications moved by Delhi chief minister Arvind Kejriwal and Aam Aadmi Party leader Raghav Chadha in a criminal defamation complaint case filed by Union finance minister Arun Jaitley.

The applications sought various documents related to the case.

Jaitley’s counsel termed the applications as “frivolous” and said that the AAP leaders were trying to delay the trial in the case.

The court heard the submissions from both the parties and reserved its order on the applications for Monday.