PM Modi degree row: Gujarat High Court rejects plea by Arvind Kejriwal, Sanjay Singh against summons in defamation plea

The Gujarat High Court on Friday refused to quash the summons issued to Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party (AAP) MP Sanjay Singh in the defamation case filed by Gujarat University in relation to the statements by the two AAP leaders about Prime Minister (PM) Narendra Modi's academic degrees [Arvind Gobindram Kejriwal vs State of Gujarat]..Justice Hasmukh D Suthar rejected the petitions filed by Kejriwal and Singh challenging the summons issued by an Additional Chief Metropolitan Magistrate. The Court said no case is made out to interfere with Magistrate's orders and "no defence can be looked into at this stage".It also reasoned that the magistrate's opinion regarding the defamatory nature of the statements made by AAP leaders was only tentative and not conclusive as to whether they were harmful to the reputation of Gujarat University.All issues are subject to trial and all defence would be available to the accused persons, the single-judge said..On the argument regarding freedom of speech and expression, Justice Suthar commented that the right to free speech cannot mean that a citizen can defame the other.The Court also concluded that university is “an identifiable group and determined class” for the purpose of filing a defamation complaint.“The Registrar is authorized by University and he can file a complaint,” it notedFinding no merit in the petitions, the Court dismissed them..The defamation complaint against Kejriwal and Singh alleged that the two politicians made "defamatory" statements against the Gujarat University in relation to the controversy over PM Modi's academic degree.The summons in question were issued to the two leaders in April last year by an Additional Chief Metropolitan Magistrate."The statements made about Gujarat University can be interpreted by a prudent person to mean that the university awards false and bogus degrees and is involved in fake activities and thereby tarnishes the image of Gujarat University," the trial court had said in its prima facie view.A Sessions Court later upheld the summons, leading to the petitions before the High Court..In High Court, the AAP leaders contended that the complaint was not maintainable at all since the statements were not against the varsity.However, the university submitted that Kejriwal and Singh by their statements had tarnished its image and must be made to face the trial. .BackgroundThe defamation case has its origins in Gujarat High Court's March 2023 ruling which held that the Prime Minister's Office (PMO) need not furnish Modi's degree certificates under the Right to Information Act (RTI Act).Justice Biren Vaishnav had set aside the order of the Chief Information Commission (CIC) directing the public information officer (PIO) of PMO and the PIOs of Gujarat University and Delhi University to furnish details of Modi's graduate and post-graduate degrees. Pertinently, the High Court had imposed costs of ₹25,000 on Arvind Kejriwal as well.In December 2023, Kejriwal filed an appeal challenging the single-judge's decision before a division bench of the High Court. This appeal is still pending before the High Court..It was soon after High Court's ruling against AAP leaders in the RTI case that Gujarat University filed the defamation complaint accusing the two politicians of defamation. In the challenge against the issuance of summons in the defamation case, the High Court in August last year refused to grant an interim stay on the proceedings. The same was upheld by the Supreme Court as well..Senior Counsel Rebecca John and Advocate Aum M Kotwal represented the petitionersAdditional Advocate General Mitesh Amin and Additional Public Prosecutor Manan Mehta represented the StateSenior Counsel ND Nanavaty and Advocate Amit M Nair represented the Gujarat University.[Read Judgment]