AAP leader Raghav Chadha today 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.