Gujarat Court Rejects Delhi CM Arvind Kejriwal's Plea For Interim Stay On Proceedings In PM Modi Degree Defamation Case

An Ahmedabad Court has rejected a plea filed by Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party's Rajya Sabha MP Sanjay Singh for an interim stay on proceedings in a criminal defamation complaint filed by Gujarat University for their (Kejriwal & Singh) alleged derogatory statements made in connection with the controversy regarding Prime Minister Narendra Modi’s academic degree. 

The plea for interim stay on proceedings had been moved by Kejriwal and Singh in their revision application filed before the City Civil & Sessions Court Ahmedabad challenging the April 15, 2023 order of the Additional Chief Metropolitan Magistrate, Ahmedabad summoning them, as well as the impugned complaint.

It may be noted that Kejriwal and Singh have been summoned personally to face the Charges in Court. However, the duo have not appeared before the Court as they moved the Sessions Court challenging the summoning order. The next date of hearing in the matter is August 11, when both are expected to appear in Court.

Before the Sessions Court, it was prayed by their Counsel, Puneet Juneja, that pending admission, hearing and final disposal of their revision application, further proceedings of the criminal case be stayed and the Court concerned be directed to allow their application seeking adjournment by a suitable period preferably by 90 days or conclusion and final hearing of the captioned matter.

Having heard the advocate for the applicant, the Court, after considering the peculiar and very important facts and circumstances involved in this application, the Cour did not deem it fit to grant the interim relief to both, Kejriwal and Singh.

"...this Court does not find it appropriate on the part of applicant that he has given assurance to remain present before the learned Metropolitan Magistrate Court on 11.08.2023 and applicant has prayed interim relief before this Court, which cannot be granted at this stage," the Court said in the operative part of its order.

The background of the case

In the criminal complaint filed by Gujarat University, through its Registrar Dr Piyush M.Patel under Section 500 of the Indian Penal Code, the alleged statements of Kejriwal and Singh have been referred to, accusing them of making sarcastic and defamatory statements in press conferences and on Twitter handles targeting the university over Modi's degree.

The alleged statement is as follows:

In is in that order that the Court directed for their personal presence before the Court.