The Gujarat High Court on Thursday refused to stay the defamation proceedings initiated against Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party MP Sanjay Singh by an Ahmedabad court over their remarks related to the academic degree of Prime Minister Narendra Modi.
The single-judge Bench of Justice J.C. Doshi, while issuing notice to the Gujarat University on the petitions, listed the matter for further hearing on November 3.
The petitioners had sought quashing of summons issued by a Magistrate Court in Ahmedabad over their alleged comments ‘targeting’ the Gujarat University on the academic degree of PM Modi.
They further challenged the September 2023 Sessions Court order, which upheld the summons issued against them.
Senior Advocate Rebecca John, representing the petitioners online, took the High Court through the allegations levelled against the AAP leaders, along with their alleged statements.
The Bench agreed to admit the matter after the counsel pointed out that the Gujarat University fell under the definition of the State under Article 12 of the Constitution.
However, the single-judge bench refused to stay the defamation case proceedings till the petitions were decided.
The High Court directed the parties to seek an adjournment before the trial court, noting that they have been doing the same since April, when the summons were first issued.
Assisting Counsel Aum Kotwal requested the High Court to mention in its order that if they move an application for adjournment before the Metropolitan Magistrate, the same may be considered.
However, the Bench remarked that the parties could tell the trial court that they have moved the High Court and if the other side pressurised them for hearing, they could move the High Court.
The case pertained to a criminal defamation complaint filed by GU Registrar Dr Piyush M. Patel against the AAP leaders, accusing them of defaming the varsity by way of sarcastic comments over the academic degree of PM Modi.
Filed before a Magistrate court in Ahmedabad, the complaint alleged that Kejriwal made defamatory statements against Gujarat University in a press conference on April 1, despite being aware of the fact that the Prime Minister’s degree had been published on the University’s website long back.
The conference followed the Gujarat High Court order, which had quashed and set aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide ‘information’ regarding degrees in the name of ‘Narendra Damodar Modi’ to the Delhi CM.
However, Kejriwal said that the original degree was not available on the University’s website. The University stated in its complaint that Kejriwal made the statements in his ‘personal capacity’ and ‘not affairs of the State’.
It further said that Sanjay Singh also defamed the varsity in another press conference on April 2.