A has issued fresh and to digital creator Dhruv Rathee in connection with a long-standing case initiated in . The order, passed by Judicial Magistrate First Class Rahul Jain at the , seeks to address a that has hampered the case for over eight years. The court’s intervention was prompted by the complainant’s recent application, which highlighted Rathee’s current presence in India and the necessity of ensuring formal to move the toward a trial stage.
The magistrate recorded that while the criminal was initially filed in and were first issued in , the process of serving the had remained incomplete due to his primary residence being abroad. The order specifies that the complainant, Vikas Sankrityayan—also known as Vikas Pandey—may now accompany the court-appointed to the Gurugram residence where Rathee is reportedly staying. This directive for service—a mechanism where the is handed directly to the party or their representative rather than relying solely on the court’s standard postal delivery—aims to prevent further delays that have stalled the proceedings since the case's inception.
Resolving Years of Procedural Delays
The legal challenge in serving notice to Rathee was grounded in his reported residency in Austria for the past seven years. During the hearing on , the complainant’s counsel, , informed the court that Rathee had recently arrived in India to participate in protests organized by the in the national capital. Recognizing this as a window of opportunity to rectify the persistent service issues, the court granted the application for and issued fresh directions for service at an identified address in Sector 56, Gurugram.
The court observed,
"From the available record, it is clear that the complainant has been trying to serve the
no. 1 since last several years as the
was initially summoned vide order dated
."
By ordering the process to be issued on a daily basis and granting the complainant the liberty to assist the
, the court has signaled a firm intention to advance the case beyond the
. The
mandates that Rathee must appear before the court on
, either in person or through legal counsel.
Origin and Scope of the Defamation Dispute
The
centers on a video uploaded by Rathee to his digital platform in
, titled
"
Part 2."
The complainant, an individual associated with the social media advocacy page 'I Support Narendra Modi,' alleges that the video contained defamatory assertions regarding his professional conduct and his relationship with the
's information technology infrastructure. Specifically, the
claims the video falsely suggested that the complainant had offered a bribe of ₹50 lakh to an individual named Mahavir Prasad to suppress information regarding the circulation of misinformation.
These allegations remain unproven at this stage, as the court has not yet reached the substantive merits of the claim. The case has historically been complicated by its high-profile nature and the involvement of prominent political figures. Notably, the former Chief Minister of Delhi, Arvind Kejriwal, had previously been named in the for having retweeted the video in question. However, the legal proceedings against Kejriwal saw a significant development in , when his counsel, , acknowledged before the that the retweet was a mistake. While this admission led to a separation of proceedings concerning the former Chief Minister, the criminal against Rathee has persisted as an independent matter of record.
Evolving Legal Landscape for Online Content
The case serves as a point of reflection for the legal community regarding the challenges of enforcing judicial processes in the era of borderless digital content. As creators often maintain transnational residences, the logistical hurdles in serving can effectively pause defamation for years, testing the efficacy of traditional procedural mechanisms. By authorizing service, the have underscored a preference for practical solutions that uphold the court's authority over the convenience of geographically dispersed litigants.
While the current order is strictly focused on procedural compliance, it brings a long-dormant back into the active docket. The legal requirements for defamation under the law necessitate that the be formally served and given an opportunity to enter a plea or present a defense before any can be made. The upcoming hearing on October 17 will be pivotal in determining whether the fresh efforts at service have successfully brought the within the court's . The magistrate is expected to review the ’s report to confirm that the has been duly executed. Should the service be verified as complete, the case will transition from the summoning phase to the stage of trial preparation, where the complainant will have the burden of substantiating his claims of defamation against the digital content creator. Until such time, the remains, and the court maintains a neutral stance, focusing exclusively on the enforcement of its procedural directives to ensure the judicial process can move forward.
criminal defamation - service of summons - procedural hurdle - digital content disputes - judicial process