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Synopsis

The Gujarat High Court today, though admitted the plea moved by Delhi Chief Minister Arvind Kejriwal and Rajya Sabha MP Sanjay Singh seeking a stay on the summons issued to them in a defamation case pertaining to Gujarat University over the academic degree of Prime Minister Narendra Modi, it refused any interim relief. 

Through the present plea, the two Aam Aadmi Party leaders also sought an interim stay on the proceedings before the Ahmedabad court till their revision application against the summons issued by the magistrate is decided. 

The single judge bench of Justice Samir J Dave passed the order following thorough arguments presented by the counsel for both parties. 

Senior Advocate Mihir Joshi appeared for the petitioners, Kejriwal and informed the court that Singh's plea was identical.

His main contention was that the proceedings in the defamation case should be stayed till the petitioners' revision application against the summons orders issued by the Magistrate Court is decided. 

He argued that by seeking Kejriwal and Singh's personal presence on August 11, the court below had curtailed their remedy of revision.

He further informed the court that when the counsel for the petitioner before the lower court sought an adjournment of 7 days, i.e. till the first hearing of the revision petition, it rejected the same, however, on the other hand, the complainant University's plea seeking time for 20 days had been allowed by the court. 

"So my prayer before the court is to intervene, stay the proceedings against the petitioners and their revision plea may be directed to be listed for hearing on a day-to-day basis", Sr Adv Joshi submitted. 

Opposing the present plea, the public prosecutor argued that the petitioners themselves had assured the court to remain present before the court on August 11 by way of an undertaking. "When an undertaking is given, it needs to be respected," he submitted.

He asserted that the petitioners had the right to challenge any order but they could not challenge their own undertaking. 

 

Taking note of the submissions made, Justice Dave ordered, "Notice returnable. Interim relief refused".

Background:

In April, a local court in Ahmedabad had issued summons to Kejriwal and Singh in a criminal defamation case over their alleged defamatory statements about Gujarat University in connection with Prime Minister Narendra Modi’s educational degree.

After the Gujarat High Court set aside the Chief Information Commissioner's order asking the Gujarat University to provide information on the educational degree of Prime Minister Narendra Modi, Kejriwal and Singh had made certain comments during press conferences and on their social media handles. 

Subsequently, the Gujarat University through registrar Piyush Patel filed a complaint against the duo alleging that their said comments were "defamatory" targeting the university over PM Modi's degree.

The university claimed that the said comments were sarcastic and were intended to hurt the prestige of the institution which was established more than 70 years ago.

According to the complainant, Kejriwal commented:  "If there is a degree and it is genuine, then why is it not being given?" and "They are not giving degree because it might be fake," and also, "If the Prime Minister studied at Delhi University and Gujarat University, then Gujarat University should celebrate that our student became the country's PM".

As per the complaint, Sanjay Singh had said "They are trying to prove the PM's fake degree as genuine."

After observing that prima facie there appeared to be a case against Kejriwal and Singh under Indian Penal Code Section 500 (defamation), a local court in Ahmedabad, in April, passed the order summoning the two leaders

Case Title: Arvind Kejriwal vs. Piyush Patel