In a twist-laden legal battle, BJP leader Suresh Nakhua has requested additional time from a Saket District Court to amend yet another defective affidavit in his ongoing defamation case against social media commentator Dhruv Rathee. This latest snag adds to a series of procedural missteps, drawing sharp criticism from Rathee’s legal team.
The defamation suit stems from a YouTube video titled “My Reply to Godi Youtubers | Elvish Yadav | Dhruv Rathee” in which Rathee allegedly linked Nakhua to “violent and abusive trolls.” Nakhua claims these allegations, made without basis, have tarnished his reputation and subjected him to widespread ridicule.
Despite previous attempts to correct filing errors, the court noted that Nakhua’s affidavit remains non-compliant with provisions of the updated Bhartiya Sakshya Adhiniyam, 2023 (BSA), which mandates an expert certificate to validate electronic evidence. This requirement has been a sticking point, with Rathee’s counsel arguing that the repeated errors reflect a lack of diligence, rendering the case untenable.
“This is not a courtesy extended to errant litigants,” Rathee’s legal team asserted, urging the court to dismiss the suit outright.
The judge, acknowledging the gravity of the procedural lapses, sought arguments on whether the absence of the mandated certificate constitutes a fatal defect. “It’s been six months since these provisions came into effect. I need to see how this section has been interpreted,” the court remarked, hinting at a potential precedent-setting ruling.
The next hearing is scheduled for February 2025, leaving Nakhua with a final opportunity to rectify his filings and respond to Rathee’s dismissal application. As the courtroom drama escalates, the case underscores the pivotal role of procedural precision in legal disputes rooted in the digital age.
