PM Modi Degree Row| 'Arvind Kejriwal Making Irresponsible Statements Since Begining': Gujarat Varsity Submits In HC In Delhi CM's Review Plea

The Gujarat High Court today held a brief hearing in the review plea filed by the Chief Minister of Delhi Arvind Kejriwal seeking a review of HC's March 31st order setting aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide information on Prime Minister Narendra Modi's degree to the AAP national convener.

When the matter came up for hearing before the bench of Justice Biren Vaishnav, Kejriwal sought the Court's leave to file a rejoinder affidavit in the case, inter alia, containing a transcript of the previous Court hearing in the matter.

Though Gujarat University, represented by Solicitor General Tushar Mehta, did not object to the filing of the affidavit, he, however, submitted that the affidavit was served to him at the very last moment and that he had not been able to peruse the same.

"I can't object to it (rejoinder affidavit) being taken on record (by the Court), it is Court's discretion, but I have not been able to see it...Youtube transcript (is being filed)...This is...Anyway, from my learned friend's client (Kejriwal) nothing is unexpected," said SG Tushar Mehta.

Appearing for Kejriwal, Senior Counsel Percy Kavina submitted that the occasion to file the rejoinder affidavit along with the YouTube Transcript emerged primarily due to the fact that in the Court's Judgment, it was wrongly recorded that Kejriwal's Counsel admitted the fact that PM's Degree is available on Gujarat University's website.

"There are aspects of the submissions made by Gujarat University which were not borne out by their affidavit. In the original Judgment, it was been observed by the Court that I have not objected to the assertion made by the other side (that PM Modi's degree is available on University's website) and your lordship has gone on to say that it is the further reason why the cost of Rs. 25K should be imposed (on Kejriwal)," Senior Counsel Kavina submitted.

Here it may be noted that in the review plea, the primary ground for challenging the HC's March 2023 Judgement is that a false claim was made by the Gujarat University that PM Modi's degree is available on its website se as only an Office Register (OR) is available on the website, which is different from the original degree.

Our readers may note that during the course of the hearing in the matter, SG Mehta had submitted before the HC that the degree in question is available on the Gujarat University's website and the same could be verified by Kejriwal.

In the rejoinder affidavit, it has been stated that during the Court hearing, the Counsel for Kejriwal had not admitted the assertion (made by SG Mehta) that the degree in question is available on the university's website, and rather, this statement was opposed by Kejriwal's counsel, however, the said submission was not recorded by the Court and instead, it was observed that Senior Counsel Kavina had admitted this fact in question.

Having heard the brief arguments of both sides, the Court orally observed that whatever is brought to its notice of the bench, it is bound to take the same into account. Further, when the bench asked whether SG Mehta was ready to argue, he submitted thus:

"Transcripts milord...I have no difficulty in arguing but without knowing what he has said because we have found in this matter that since the beginning, irresponsible statements are being made, maybe it is there in this rejoinder affidavit also. Let me go through it."

In view of this, the Court posted the matter for further hearing on July 21.

Kejriwal's review Plea

It may be noted that Kejriwal has sought a review of the HC's judgment on the ground that the said 'degree' is not found on the official website of the Gujarat University and hence, the impugned judgment suffers from the error apparent on the face of the record.

Case title - Arvind Kejriwal vs. Gujarat University [MCA/1/2023 in R/SCA/9476/2016]