The Gujarat high court on Friday rejected Aam Aadmi Party leaders Arvind Kejriwal and Sanjay Singh's plea seeking an interim stay on the criminal defamation proceedings against them filed by Gujarat University in connection with remarks on Prime Minister Narendra Modi's degree.
Refusing to grant an interim stay on the defamation proceedings underway at a metropolitan court here against the two leaders, Justice Samir Dave noted that both of them had earlier given an assurance to the metropolitan court that they would remain present before it to record their statement.
After hearing arguments from both sides, Justice Dave rejected the Aam Aadmi Party leaders' plea for an interim stay on the proceedings and issued a notice to the Gujarat University to file its reply.
A metropolitan court had earlier summoned Delhi Chief Minister Kejriwal and AAP's Rajya Sabha member Singh on August 11 in the defamation case filed by Gujarat University over their “sarcastic” and “derogatory” statements in connection with PM Modi's degree.
The two AAP leaders later filed a revision application in the sessions court challenging the metropolitan court's summons in the defamation case.
However, the sessions court on August 7 rejected their plea for an interim stay on the trial, after which, they approached the Gujarat high court.
The revision application in the sessions court will now be heard on August 21.
During Friday's hearing, senior advocate Mihir Joshi, appearing for Kejriwal, sought an interim stay on the trial being conducted by the metropolitan court till the sessions court gives its verdict on the revision plea.
On the issue of summons issued to the AAP leaders, Joshi said that the order by the magistrate was “incorrect and invalid”.
He said personal presence is not required because the recording of a plea can be done through advocates.
“Entire proceeding is not justified. There is no attempt to delay,” said Joshi on allegations that such pleas were filed to delay the trial.
He also informed the court that the metropolitan court had granted exemption from personal appearance twice in the past on different grounds, including when there was a flood-like situation in Delhi last month.
However, senior advocate Mitesh Amin, appearing for Gujarat University, informed the court that both Kejriwal and Singh had earlier given an undertaking to the magistrate that they would remain present on August 11.
“They had given an undertaking and today is August 11. That undertaking needs to be honoured,” said Amin.
Justice Dave, on several occasions, also raised the issue of the undertaking and asked Joshi when the AAP leaders were appearing.
“You have given assurance that you will remain present on August 11. Then you have to remain present. (It seems that) you are avoiding court appearance, that is not proper. Situation in New Delhi is alright now. So, when are you appearing?...Are you ready to appear? After five days, seven days or ten days?” the judge asked.
The metropolitan court has summoned the two leaders after observing that prima facie there appeared to be a case against them under Section 500 (defamation) of the Indian Penal Code.
Gujarat University registrar Piyush Patel had filed a defamation case against Kejriwal and Singh over their comments after the Gujarat High Court set aside an order of the Chief Information Commissioner on PM Modi's degree.
They made “defamatory” statements in press conferences and on Twitter handles targeting the university over Modi's degree, the complainant stated.
Their comments targeting the Gujarat University were defamatory and hurt the prestige of the university which has established its name among the public, as per the complainant.
Their statements were sarcastic and intentionally made to hurt the prestige of the university, he said.
Some of the comments quoted by the complainant and attributed to Kejriwal are: “If there is a degree and it is genuine, then why is it not being given?”; “They are not giving degree because it might be fake”; and “If the Prime Minister studied at Delhi University and Gujarat University, then Gujarat University should celebrate that its student became the country's PM”.
Singh said that “they (GU) are trying to prove the PM's fake degree as genuine”, according to the complainant.
The AAP leaders' statements would make a person believe that GU issues fake and bogus degrees, the complainant had said.
