NEW DELHI: BJP leader Suresh Nakhua’s defamation suit against YouTuber Dhruv Rathee has encountered fresh challenges, with the Saket District Court scrutinizing defects in Nakhua’s affidavit.
During the November 14 hearing, District Judge Gunjan Gupta highlighted a defect concerning compliance with the Bhartiya Sakshya Adhiniyam, 2023 (BSA). Senior Advocate Satvik Varma, representing Rathee, pointed out that the affidavit referenced the outdated Indian Evidence Act and lacked an expert certificate required for electronic media under Section 63 of the BSA. Rathee’s counsel argued that the video central to the case could not be considered without this certificate, deeming the affidavit defective.
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Nakhua, represented by Advocate Raghav Awasthi, sought additional time to correct the affidavit, which Rathee’s counsel opposed, citing repeated delays. Despite these objections, the court granted Nakhua time and scheduled the next hearing for February 4, 2025, directing both sides to address the legislative intent of Section 63 BSA and its implications for such cases.
The outcome of this legal battle could have significant ramifications for the admissibility of electronic evidence in defamation suits under the new law.