PM Modi Degree Row: Gujarat court refuses to quash summons to Arvind Kejriwal, Sanjay Singh in defamation case

A Sessions Court at Ahmedabad Thursday rejected a revision application filed by Delhi Chief Minister Arvind Kejriwal and Member of Parliament (MP) Sanjay Singh, who had challenged a magistrate order summoning them for making allegedly defamatory statements concerning the academic degree of Prime Minister Narendra Modi [Arvind Kejriwal vs Piyush Patel]..Additional Sessions Judge JM Brahmbhatt, in a 21-page order, opined that the magistrate court had considered all facts and circumstances before issuing the summons.The sessions court opined that there was nothing illegal or perverse in the magistrate order and that it cannot be said that the summoning order was passed without jurisdiction. The sessions court proceeded to conclude that the magistrate had duly applied his mind before summoning Kejriwal and Singh. "The Magistrate has viewed the audio-video recordings and the evidence on record and has come to the conclusion that the applicant has used words that damaged the reputation of Gujarat University. Thus, the Magistrate has found prime face case against the applicant," the sessions court held..The judge had reserved the matter for orders on September 8.The case pertains to a defamation complaint filed by the Gujarat University against Kejriwal and Singh for allegedly defaming the varsity.The University sued the two politicians for allegedly making derogatory statements against it over not disclosing the degree of Prime Minister Modi. Based on the University's complaint, a magistrate court had, in April this year, summoned the two politicians..In the April 17 order, Additional Chief Metropolitan Magistrate (ACMM) Jayeshbhai Chovatiya had said that the statements made by Kejriwal and Sanjay Singh were prima facie defamatory.The ACMM passed the order after taking note of oral and digital evidence shared in a pen drive, which comprised Kejriwal's tweets and speeches made after a judgment of the Gujarat High Court in the matter.The High Court, its judgment, had allowed an appeal filed by the University and held that the varsity need not disclose Prime Minister Modi's degree. The High Court had also imposed a fine of ₹25,000 on Kejriwal. Taking note of these facts, the ACMM opined that the accused politicians were well-educated political office-bearers who were aware of the effect of their statements on the public.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 ACMM added while issuing the summoning order..Kejriwal and Singh then challenged this summoning order before the sessions court through advocates Aum Kotwal and Farrukh Khan, respectively.