Supreme Court Dismisses Arvind Kejriwal's Plea Against Gujarat University's Criminal Defamation Case For Comments On PM Modi's Degree

The Supreme Court on Monday (October 21) dismissed former Delhi Chief Minister Arvind Kejriwal's petition challenging the criminal defamation case filed by the Gujarat University Registrar against him over his remarks about the educational degree of Prime Minister Narendra Modi.

He approached the Supreme Court challenging the Gujarat High Court's order dismissing his petition which challenged the summons issued in the defamation case.

A bench of Justices Hrishikesh Roy and SVN Bhatti dismissed the petition pointing out that the Supreme Court had in April this year dismissed a petition filed by co-accused Sanjay Singh challenging the same proceedings.

Observing that the Court must follow a consistent approach, the bench said that it was not inclined to entertain Kejriwal's matter, having regard to the view taken in Sanjay Singh's petition. At the same time, the bench clarified in its order that all contentions are left open to be decided in the trial and that it has not gone into the merits of the matter. 

Senior Advocate Dr Abhishek Manu Singhvi, for Kejriwal, submitted that he merely asked why the University was not publishing Modi's degree and wondered if it was because the degree was fake. If at all the statement was defamatory, it is for Modi to file a criminal defamation case and not for the Gujarat University Registrar, Singhvi added. The statements cannot be at any stretch be regarded as defamatory as regards the University.

Solicitor General of India Tushar Mehta, for the University, invited the bench's attention to the order passed in Sanjay Singh's case. In response, Singhvi said that Sanjay Singh's statements were different and sought to distinguish Kejriwal's case.

The SG also apprised the bench about the Gujarat High Court's order quashing the direction of the Central Information Commission to furnish a copy of Modi's degree certificate. SG further told the bench that the High Court passed strictures against Kejriwal in that judgment and imposed costs on him. 

At one point during the hearing, Singhvi said that Kejriwal was ready to express a word of regret for his statement. However, this was strongly objected to by the Solicitor General, who said, "The present complainant is in the habit of making reckless statements and then saying sorry.  From the time of late Arun Jaitley. He should be more circumspect".

Singhvi said that the whole intention was to disqualify him from political life by securing a conviction in the defamation case.

"The Idea is to disqualify me from political life...all for asking the degree of the Chief of the Executive.." Singhvi said. He requested the bench to grant him an opportunity to file a statement of regret and a chart showing how his statements were different from Sanjay Singh's.

The bench said that it could allow Singhvi to argue, but cautioned that once the arguments are heard, then the petitioner would not be allowed to withdraw the matter and a decision on merits would be rendered.

Ultimately, Singhvi conceded and the matter was dismissed in view of the order passed in Sanjay Singh's case, without going into the merits.

ARVIND KEJRIWAL Vs PIYUSH M. PATEL |D No. 11230/2024

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