Breaking: SC Refuses To Quash Summons Issued To Arvind Kejriwal In Defamation Case Filed By Gujarat University For Remarks Regarding PM Modi's Degree

Update: 2024-10-21 08:00 GMT

The Supreme Court today refused to interfere with the summons issued to the former Aam Aadmi Party (AAP) Chief Minister Arvind Kejriwal in a defamation case filed by the Gujarat University before a Gujarat trial court over alleged comments in relation to the educational qualification of Prime Minister Narendra Modi.

While dismissing the Special Leave Petition (SLP), the Bench of Justice Hrishikesh Roy and Justice SVN Bhatti said, "We are not inclined to interfere since one appellant (Sanjay Singh) came before us and it was dismissed."

The Court ordered, "We must be consistent with that approach. Having regard to that view, we would not like to entertain the present plea. The same is dismissed."

"We have expressed nothing on merits, and all contentions are left open," the Bench clarified. 

Senior Advocates Abhishek Manu Singhvi and Vikram Chaudhri appeared for Kejriwal. At the outset, Singhvi gave a brief of the facts of the case. He relied on precedents to support his submissions. Singhvi contended, "It is not the right away of looking at the issue whereby disclosing the degree of major public officials you are (allegedly) defamed."

Solicitor General (SG) Tushar Mehta, appearing for the Gujarat University, submitted, "After the Gujarat High Court had set aside the CIC order, he held a press conference where he defamed us."

Singhvi requested time to place on record a chart citing differences in the statements made by Kejriwal and Sanjay Singh. "A word of regret can be expressed on the statement," Singhvi submitted. 

To this, the SG objected and argued, "Petitioner (Kejriwal) is in habit of making defamatory, reckless statements and then saying sorry. From the time of late Mr. Jaitley. They should be more circumspect. Irresponsibly."

Pertinently, the Gujarat High Court in February 2024 had dismissed pleas by Aam Aadmi Party leaders Arvind Kejriwal and Sanjay Singh to quash the summonses issued against them in a criminal defamation case over their comments on Prime Minister Narendra Modi's educational qualification. Through their pleas, Delhi Chief Minister Kejriwal and AAP's Rajya Sabha member Singh had challenged the summonses by a trial court in the case filed by Gujarat University and the subsequent order of the sessions court dismissing their revision applications against the summons.

The Bench of Justice Hasmukh D. Suthar had held, “In wake of the aforesaid discussion, as 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. Rule is hereby discharged in each of the petitions.”

The Metropolitan Court had summoned Kejriwal and Singh on April 15 last year in the defamation case filed by GU over their "sarcastic" and "derogatory" statements in connection with PM Modi's degree in press conferences and on Twitter handles targeting the university. The two leaders then filed a revision application in the session court challenging the summons. However, the Sessions court upheld the summons, after which they approached the Gujarat HC, which rejected their plea for an interim stay.

The two leaders also approached the Supreme Court, which too refused to entertain their pleas. The HC later directed the session court to conclude the hearing within ten days after assigning the matter to a new bench. GU registrar Piyush Patel had filed a defamation case against Kejriwal and Singh after the HC in March last year set aside the Central Information Commission's (CIC) order concerning PM Modi's educational qualification. While the court imposed a cost of Rs 25,000 upon Kejriwal, it also refused to grant a stay on the order.

In a related news, on April 8, the Apex Court had refused to interfere with the summons issued to the Aam Aadmi Party’s MP Sanjay Singh in a defamation case filed by the Gujarat University before a trial court over the 'sarcastic’ and ‘derogatory’ statements in connection with Prime Minister Narender Modi’s degree in a press conference and on the Twitter handle.

Cause Title: Arvind Kejriwal v. Piyush M. Patetl & Anr. [Diary No. 11230-2024]

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