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Synopsis

The Supreme Court today refused to 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.

Noting that the Gujarat High Court is slated to take up the matter on August 29, a bench of Justices Sanjiv Khanna and SVN Bhatti decided to leave it upon the High Court to decide said issue.

"We are not inclined to issue notice at this stage as we hope and trust that Gujarat High Court shall decide the issue on August 29, 2023", the bench ordered.

Senior Advocate AM Singhvi appeared for Kejriwal today, whereas SG Mehta represented Gujarat University.

Two weeks back, while the Gujarat High Court had 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 had refused any interim relief. 

Through the 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. 

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), the magistrate court summoned the two leaders. 

Case Title: Arvind Kejriwal vs. State of Gujarat