RT not an endorsement: AAP leader Raghav Chadha tells Delhi HC in Arun Jaitley defamation case

AAP leader Raghav Chadha on Tuesday told the Delhi High Court that he cannot be made to face a criminal case only for retweeting Chief Minister Arvind Kejriwal’s tweet against Union Minister Arun Jaitley, claiming that a retweet does not make out the offence of defamation.

Chadha’s counsel sought setting aside of a trial court order summoning him as an accused in the criminal defamation case filed by Jaitley against him and five others.

Senior advocate Anand Grover, appearing for Chadha, said the whole complaint was based on electronic downloaded record, barring one news article, and the offence of defamation under the IPC was not made out.

If it is electronic record, it would be covered under the Information and Technology Act, he contended.

Senior advocate Siddharth Luthra, appearing for Jaitley, opposed the contention saying that defamatory remarks are not covered under the IT Act and have to be booked under the IPC.

“They (AAP leaders) left no stone unturned to embarass and defame my client (Jaitley). They acted in concert,” he said.

The arguments, which were advanced for nearly four hours, remained inconclusive and Justice Sangita Dhingra Sehgal would continue hearing the matter tomorrow.

Chadha’s counsel also argued that a retweet taken from an original tweet …read more