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Synopsis

A single-judge bench of the Gujarat High Court comprising Justice Samir Dave on Tuesday directed the Principal Sessions Judge of Ahmedabad to transfer to a different court the revision application filed by Delhi Chief Minister Arvind Kejriwal against summons issued to him in the defamation case registered against him over his remark made against Prime Minister Modi about his degree.

Kejriwal had moved to the Gujarat High Court after the trial court had fixed the next date of hearing on 31 August but the revision application before the sessions judge was kept for hearing on 16th September as the judge was on leave.

The high court in its order recorded that the complainant would give no objection to the adjournment sought by Kejriwal before the trial court.

“If any application will be made by the original accused, the original complainant will give no objection for the adjournment of the criminal case,” the court said.

While transferring the revision application to another judge the high court stated that the assigned judge would decide the application within 10 days.

The bench then proceeded to dispose of the petition after directing transfer of the plea to different judge.

On August 25 the Supreme Court had refused to grant an interim stay the proceedings initiated against Delhi Chief Minister Arvind Kejriwal before the Ahmedabad Court in a defamation case pertaining to Gujarat University over the academic degree of Prime Minister Narendra Modi.

In April, a local court in Ahmedabad 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 State of Gujarat.