PM Narendra Modi degree row: Gujarat court issues process against CM Arvind Kejriwal in Gujarat University defamation case

In a development that may spell trouble for Delhi Chief Minister Arvind Kejriwal, a magistrate court in Ahmedabad recently issued process against him for defaming Gujarat University after it refused to provide him copies of Prime Minister Narendra Modi's degrees [Piyush Patel v. Arvind Kejriwal]..Additional Chief Metropolitan Magistrate Jayeshbhai Chovatiya said that the statements made by Kejriwal and his party's Member of Parliament (MP) Sanjay Singh are prima facie defamatory.The judge noted the oral and digital evidence shared in a pen drive, which comprised Kejriwal's tweets and speeches made after the recent judgment of the Gujarat High Court. The High Court had allowed the appeal filed by Gujarat University and held that the varsity need not disclose the degree of PM Modi. It had also imposed a fine of ₹25,000 on Kejriwal. Taking note of these facts, Judge Chovatiya said, "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 accused are well-educated political office bearers who are aware of the effect of their statements on the public at large, the judge pointed out. "It prime facie, appears to have been targeted at the existing Gujarat University. It appears prima facie, that the words uttered are sarcastic and meant to target the varsity. It is natural that the credit, talent and name of Gujarat University will be eroded in the minds of the people due to the alleged scandals," the judge opined. If political office bearers, instead of fulfilling their duty to their people, do any work for their personal enmity or selfishness, it is considered a violation of the trust of the people, the Court said..Gujarat University through its Registrar Piyush Patel had filed a complaint under Section 499 of the India Penal Code against Kejriwal and Singh, accusing them of making derogatory and defamatory statements against the varsity even after the judgment of the Gujarat High Court.It contended that the statements targeting the University were made sarcastically, and with the intention of damaging its reputation. .The University took exception to the following statements of Kejriwal, made after the Gujarat High Court judgment -"Degree kuch idhar-udhar hai. Agar degree hai aur woh sahi hai toh degree de kyu nhi rahe hai ? Gujarat Vishwavidyalaya aur Delhi Vishwavidyalaya aakhir degree ki jaankari kyu nahi de rahe hai? Shayad is liye nahi de rahe hai kyunki ho sakta hai ke degree shayad farzi ho, ya nakli ho. Agar Pradhan Mantri Delhi ya Gujarat Vishwavidyalaya se padhe hai toh Gujarat Vishwavidyalaya ne toh celebrate karna chahiye ke humara ladka hai jo desh ka Pradhan Mantri ban gya. Wo unki degree ko chhupane ki koshish kar rahe hai," Kejriwal had said. (There is something wrong. If there is a degree then why aren't they giving the degree? Why are Delhi and Gujarat Universities not giving out the copies of the degrees? May be because the degree is bogus or fake. If the Prime Minister has studied from Delhi University or Gujarat University, then they ought to celebrate the fact that he is their student, who has now become the Prime Minister. But they are hiding the degrees.).The University said that both the accused are aware of the fact that PM Modi's degree has been published on the varsity's website for a long time. Yet, both the accused made controversial statements with the intention to defame the University, which is one of the oldest in the State.Further, the University contended that Kejriwal made these statements in his personal capacity and not as a "Chief Minister." Therefore, the court removed the position from the case title. The matter has been listed for further hearing on May 23. .[Read order]