Delhi HC dismisses Raghav Chadha’s plea on retweets
By Team Legistify / 2017-09-26

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In a setback to AAP leader Raghav Chadha, the Delhi High Court today dismissed “as devoid of merit” his plea that he cannot be made to face a criminal case only for retweeting Chief Minister Arvind Kejriwal’s tweet against Union Minister Arun Jaitley in the DDCA row.

Justice Sangita Dhingra Sehgal also rejected Chadha’s argument that the case against him fell under the ambit of the Information Technology Act and not the Indian Penal Code and added that the trial court’s decision to summon him was a “well reasoned order”.The trial court had summoned him as an accused in a criminal defamation case filed by Jaitley against him and five other AAP leaders, including Kejriwal.

Picture Courtesy- HindustanTimes

On whether retweeting would constitute an offence of defamation under section 499 of IPC, the high court said it was a question that has to be determined in the totality of the circumstances and have to be decided during the trial. “It is not for this court, while exercising the inherent powers under section 482 of the Criminal Procedure Code (CrPC) to go into the merits of the case, ” it said.

The high court also observed that that it cannot embark upon weighing of evidence and arriving at a conclusion to hold whether the allegations in the complaint by Jaitley shall constitute an offence of defamation, which entails a maximum punishment of two year jail term under section 500 IPC.


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