Supreme Court Dismisses AAP MP Sanjay Singh's Plea Against Summons In Gujarat University's Defamation Case Over Comments On PM Modi's Degree

The Supreme Court today refused to entertain Aam Aadmi Party (AAP) MP Sanjay Singh's plea against summons issued to him in a defamation case over remarks on PM Modi's academic degree.

The bench of Justices BR Gavai and Sandeep Mehta, hearing Singh's challenge to a Gujarat High Court order, said, "the High Court has already observed that all contentions available to the parties are kept open. The learned Trial Judge would not be influenced by any of the observations made in the impugned order".

Before the Supreme Court, Singh was represented today by Senior Advocates Rebecca John and Dr Abhishek Manu Singhvi, who argued that the complaint ought to have been filed by the Public Prosecutor, as there was a finding that Gujarat University was a 'State' under Article 12. The Senior Counsels also pressed that the University had in no manner been defamed by Singh.

However, the Court was not convinced to interfere and observed that all the contentions were a matter of defense during the trial.

To recap, a defamation case was filed by the Gujarat University against Delhi Chief Minister and AAP chief Arvind Kejriwal as well as Sanjay Singh in connection with the remarks made by the duo against PM Narendra Modi's academic degree. The complaint, filed through Dr Piyush M Patel (the University's registrar) accused the two AAP leaders of making sarcastic and defamatory statements in press conferences and on Twitter handles targeting the university over PM's degree.

On April 15, 2023, Kejriwal and Singh were issued summons to appear by a Magistrate Court in Ahmedabad. Against the summoning order, they moved the Sessions Court, whilst also praying for stay of the trial pending disposal of their revision plea. This plea for stay was rejected.

In September, 2023, the Sessions Court dismissed the revision applications filed by Kejriwal and Singh. Subsequently, Kejriwal and Singh approached the Gujarat High Court against the summons as well as the Sessions Court order affirming the summons.

In October, 2023, the High Court issued notice to the other side but refused to stay the trial. Kejriwal approached the Supreme Court against this order, but his plea was rejected on the basis that the High Court was seized of the matter.

When Singh approached the Supreme Court seeking transfer of trial outside Gujarat, the prayer was denied (at that stage). However, trial proceedings in Singh's respect were stayed till the plea for interim relief was decided by the Gujarat High Court.

In February, vide the impugned order, the Gujarat High Court dismissed the pleas filed by Kejriwal and Singh against the Sessions Court order (affirming the summons). "...the petitioners are only summoned, no any ground is found or case is made out to interfere with the impugned orders and as no defence can be looked into at this stage. Hence, present petitions being devoid of any merit are hereby dismissed", the High Court said.

Against the High Court's decision, the present proceedings were initiated.

Case Title: Sanjay Singh v. Piyush M. Patel & Anr., Special Leave to Appeal (Crl.) No(s). 2929/2024

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