Delhi’s Saket District Court has summoned the notary public who certified a crucial document filed by BJP Mumbai spokesperson Suresh Nakhua in his ongoing defamation case against YouTuber Dhruv Rathee. The order was issued after the defendants raised doubts about the authenticity and procedural validity of the notarial certificate filed under Section 63 of the Bharatiya Sakshya Adhiniya, 2023 (BSA), pertaining to the admissibility of electronic records.
The controversy arises from a defamation suit filed by the plaintiff over a July 7 YouTube video posted by Rathee titled “My Reply to Godi Youtubers | Elvish Yadav | Dhruv Rathee.” The plaintiff claims the video falsely brands him a “violent and abusive troll” without justification, damaging his personal and professional reputation.
During the recent hearing, the defendants drew the Court’s attention to two glaring irregularities: firstly, that the certificate’s date was listed as 26 January (Republic Day), a national holiday; and secondly, that the notarial stamp lacked an actual date of attestation. These defects, they argued, cast serious doubt on the authenticity and procedural regularity of the evidence. They also highlighted recurrent instances of such errors at earlier stages of the case.
The plaintiffs maintained that the incorrect date was a clerical error, and that the attestation actually took place on 27 January. He also alleged documentary defects on the side of the defendant and indicated he would submit relevant supporting judgments on the point.
The Bench comprising District Judge Gunjan Gupta, after considering submissions from both parties, ordered the concerned notary to appear before the court on August 11, 2025, to explain the date of attestation and other irregularities. The court also heard initial arguments on the defendant’s application for dismissal of the suit.
The notary’s testimony regarding the attestation date and process could have bearing both on the admissibility of evidence and the suit’s larger merits.
Timeline of Events:
- 7 July 2023: Dhruv Rathee uploads a YouTube video allegedly linking BJP leader Nakhua to ‘violent and abusive trolls’.
- 2023-2024: Suresh Nakhua files a defamation lawsuit in Delhi against Dhruv Rathee, asserting damage to his reputation and emotional distress.
- September 2024: Court identifies defects in an affidavit submitted by Nakhua and asks for rectification.
- January 2025: Suresh Nakhua files a series of documents, including a notarial certificate under Section 63 BSA, with a contentious attestation date.
- 1 August 2025: Rathee’s counsel presents procedural challenges to the notarial document; the court summons the notary to clarify the record.
- 8 August 2025: Date set for next hearing on Rathee’s application seeking dismissal of the defamation suit.
- 11 August 2025: Notary is scheduled to appear before the Delhi Court as directed.
Appearances:
For the plaintiff: Advocate Dinesh Sharma
For the defendant: Senior Advocate Satvik Verma, Advocate Nakul Gandhi, Advocate Mujeeb, Advocate Shantanu