SC refuses to stay trial in the criminal defamation case filed by Gujarat University against AAP supremo Arvind Kejriwal

On Friday, August 25, the Supreme Court refused to stay the trial in the criminal defamation case filed by the Gujarat University against Delhi Chief Minister Arvind Kejriwal over the remarks made by him in connection with the academic degree of Prime Minister Narendra Modi.

BREAKING: Supreme Court refuses to stay the trial against Arvind Kejriwal in the defamation case for his remarks on PM Modi’s degree. Court refuses to issue notice saying Gujarat HC is scheduled to hear the case and SC “hopes & trusts” that HC will decide it on the same date. pic.twitter.com/4Oyw9jTa5T

— Law Today (@LawTodayLive) August 25, 2023

“We are not inclined to issue a notice in the present special leave petition as the matter is still subjudice before the High Court and fixed for hearing on August 29,” ordered the apex court bench comprising Justices Sanjiv Khanna and S.V.N Bhatti.

The Supreme Court stated that it hopes and trusts that the Gujarat High Court will decide on the pending petition on August 29 while allowing Gujarat University’s attorney, Solicitor General Tushar Mehta, to present all of his arguments to the High Court.

While Congress leader and senior advocate Abhishek Manu Singhvi was representing the AAP leaders in the Supreme Court, Solicitor General of India Tushar Mehta was appearing for the University. While presenting his arguments, Mehta submitted that there were “innuendos” in the comments made by Kejriwal. He contended that there was serious suppression of facts in the case.

The SG argued that the trial court had approved a waiver of the requirement for personal appearance; however, Kejriwal failed to include this information in his plea to the High Court, adding that this matter should be allowed to be raised before the High Court.

Considering this request, the bench recorded in the order, “We must record that a number of pleas have been raised by the Solicitor General on behalf of the Gujarat University. The said pleas can be raised before the High Court”.

Notably, the defamation case stems from derogatory statements made by AAP supremo and Delhi CM Arvind Kejriwal and his party senior leader Sanjay Singh concerning Prime Minister Modi’s academic degree.

On August 11, the Gujarat HC rejected AAP leaders Arvind Kejriwal and Sanjay Singh’s plea seeking an interim stay on criminal defamation proceedings against them filed by Gujarat University in connection with remarks on PM Narendra Modi’s degree. The court stated that until their revised plea, which challenges the Metropolitan Court’s order issuing summons to them in a sessions court, is not resolved, there cannot be any relief.

The metropolitan court had summoned the two AAP leaders after observing that prima facie there appeared to be a case against them under section 500 (defamation) of the Indian Penal Code (IPC). The summon came after Gujarat University’s registrar Piyush Patel filed a defamation lawsuit against the two AAP politicians for their remarks.

Gujarat HC pulls up AAP supremo Arvind Kejriwal in Modi degree row

The defamation case was filed after the Gujarat High Court, on March 31, 2023, overturned the 2016 Chief Information Commissioner’s (CIC) order, by which it directed the Gujarat University to supply Prime Minister Narendra Modi’s post-graduation degree to Delhi Chief Minister under the provisions of the Right to Information Act (RTI).

While quashing the CIC’s order, the court said PM Modi’s degree certificates were available on media, social media, and on the University website, adding that the respondent (Arvind Kejriwal) never questioned the authenticity of the degree during the pendency of the proceedings or even during the final hearing. The court also fined Arvind Kejriwal Rs 25,000 and concluded that there has been an indiscriminate misuse of the salutary provisions of the RTI Act.