PM Modi Degree Defamation Case | Gujarat HC Refuses Priority Hearing To Pleas Filed By Arvind Kejriwal, Sanjay Singh Against Summons

Both AAP leaders have moved the high court seeking the quashing of a summons issued by a Magistrate Court in the defamation complaint filed against them over their alleged comments 'targeting' the Gujarat University seeking educational degree of PM Modi.

The two petitions came to be listed for hearing before the court of Justice Samir Dave on Friday when a mention was made by Senior Advocate Rebecca Mammen John to hear the case on priority.

She apprised the bench that she had come from Delhi to argue the matters on behalf of the petitioners and she be granted at least 10 minutes. She also added the magistrate court is due to hear the case on Saturday.

Justice Dave, however, said that a priority hearing in the matters was not possible on Friday and that the bench is not available for a post-lunch session.

“Today it is not possible, court is not available (post lunch). No priority…if you want time, I can adjourn the matter” Justice Dave said as he posted the matter for hearing on September 26.

Earlier, on September 18, the Gujarat High Court refused to grant urgent circulation of the petitions filed by the AAP leaders.

As reported by Live Law, Delhi CM Arvind Kejriwal and Aam Aadmi Party (AAP) Rajyasabha MP Sanjay Singh have moved the High Court challenging the issuance of summons by a Magistrate Court in the defamation complaint filed by the Gujarat University.

The appeal was filed 4 days after a Sessions Court in Gujarat’s Ahmedabad dismissed a revision application of the duo.

In the criminal defamation complaint, the University’s Registrar Dr Piyush M.Patel has alleged that Kejriwal and Singh had made sarcastic and defamatory statements in press conferences and on Twitter handles targeting the university over Modi's degree.

It may be noted that the alleged comments were made by Kejriwal at a press conference on April 1, and Singh made the utterances at a second press conference conducted on April 2. Thereafter, the Gujarat University filed a criminal defamation complaint against them before a magistrate court in Ahmedabad.

Averments made in CM Kejriwal’s appeal

In his appeal, Kejriwal has stated that the alleged defamatory comments were made by him in a press conference wherein he had raised an important issue pertaining to the degree of the Prime Minister of India and that by doing so, he had discharged his duty of awakening the people of India by stating that the great nation India deserves educated and qualified persons to hold the constitutional post including the Prime Minister of India and hence, the said statements cannot amount to defamation.

The case against Kejriwal and Singh

In the criminal complaint filed by Gujarat University, the following statements of Kejriwal have been objected to and have been termed as defamatory:

"अगर डिग्री है और वो सही है तो डिग्री दी क्यों नहीं जा रही है...गुजरात और दिल्ली यूनिवर्सिटी डिग्री क्यों नहीं दे रही हैं? डिग्री इसलिए नहीं दे रहे हैं कि डिग्री हो सकता है फर्जी हो, डिग्री नकली हो...अगर प्रधानमंत्री जी दिल्ली विश्वविद्यालय से पढे, गुजरात यूनिवर्सिटी से पढे, तो गुजरात यूनिवर्सिटी को सेलीब्रेट करना चाहिए कि हमारा लड़का जो है देश का प्रधानमंत्री बन गया...वो उनकी डिग्री को छुपने की कोशिश कर रहे हैं...(यूनिवर्सिटी) प्रधानमंत्री की फर्जी डिग्री को सही साबित करने में जुट गई [If degree is there and it is correct then why degree is not being given... Why Gujarat and Delhi University are not giving degree? The degree is not being given because the degree may be fake... If the Prime Minister studied from Delhi University, Gujarat University, then Gujarat University should celebrate that our boy has become the Prime Minister of the country. ...it is trying to hide his degree...[Univerisity] put his all to prove a fake degree (of PM) as right],"

The complaint states that the alleged statement was made by Kejriwal right after the Gujarat High Court’s order of quashing and setting aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide “information regarding degrees in the name of Mr Narendra Damodar Modi" to Delhi Chief Minister Arvind Kejriwal.

The Complaint further states that immediately after the Gujarat High Court's order, Kejriwal made defamatory statements against Gujarat University in a press conference despite being aware of the fact that the Prime Minister's degree had been published on the University's website long back. However, it is Delhi CM’s contention that the original degree is not available on the University’s website.

Notably, the university has also contended in its complaint that CM Kejriwal made the statements in his “personal capacity” and “not affairs of the State”.

In April this year, the additional Chief Metropolitan Magistrate Jayeshbhai Chovatiya found that prima facie, both Kejriwal and Singh appeared to have targeted the Gujarat University as the words uttered by them were sarcastic and meant to target the Gujarat University's image in the minds of the people.

The Court also opined that if the political office bearers, instead of fulfilling their duty to their people, do any work directly or indirectly for their personal enmity or selfishness, to harm the opponents or the same person, and if they utter any such words, those words will be considered a violation of the trust placed by the people and the words uttered will be considered personal.

It is in that order that the Court directed their personal presence before the Court by issuing them summons.