BREAKING | PM Modi Degree Defamation Case : Gujarat HC Dismisses Arvind Kejriwal & Sanjay Singh's Pleas Challenging Summons

The Gujarat High Court today DISMISSED pleas filed by Delhi Chief Minister Arvind Kejriwal and his party's Rajyasabha MP Sanjay Singh challenging a Sessions Court order affirming summons issued against them by a Magistrate Court in a defamation case filed by Gujarat University concerning Prime Minister Narendra Modi's education Degree.A bench of Justice Hasmukh D. Suthar had reserved its orders in the pleas after hearing both sides on February 2.The duo had moved the HC in September last year 4 days after a Sessions Court in Gujarat's Ahmedabad dismissed a revision application of the duo. The appeal also raises the issue of the complaint having a chilling effect on the right to freedom of speech and expression.It may be noted that the alleged comments (reproduced in the later part of this article) were made by Kejriwal at a press conference on April 1, 2023, and Singh allegedly made the utterances at a second press conference conducted on April 2, 2023. Thereafter, the Gujarat University filed a criminal defamation complaint against them before a magistrate court in Ahmedabad.In the criminal complaint filed by Gujarat University, through its Registrar Dr Piyush M.Patel under Section 500 of the Indian Penal Code, the alleged statements of Kejriwal and Singh have been referred to, accusing them of making sarcastic and defamatory statements in press conferences and on Twitter handles targeting the university over Modi's degree. They were issued a summons to appear before the court.In their appeal before the HC, Kejriwal argued that the alleged defamatory comments were made by him in a press conference wherein he had raised an important issue about the degree of the Prime Minister of India and that by doing so, he had discharged his duty of awakening the people of India by stating that the great nation India deserves educated and qualified persons to hold the constitutional post including the Prime Minister of India and hence, the said statements can not amount to defamation.His appeal further argued that a bare perusal of the alleged statements would not attract any ingredient of Section 499 IPC, warranting initiation and continuance of trial against him as he had made simple, innocuous and straightforward statements made during the political discourse to awaken the people of India.The appeal strongly argued that neither the alleged act of convening the Press Conference nor the alleged act of seeking the degree of the Hon'ble Prime Minister of India could be classified as a defamatory statement.It was also contended in his plea that the Court grossly erred in passing the impugned summoning orders as it failed to note that only the person 'aggrieved' has the locus to initiate and institute a defamation case and in the present case, the Gujarat Univeristy, which happens to be an instrumentality of the state, cannot be said to be an aggrieved person.The appeal added that a Government institution can not file and maintain a criminal defamation complaint and even if it is not considered as a state, then the complaint can't be maintained as the University is an unidentifiable and Indeterminate body and cannot be considered as a class under Section 499 IPC.The appeal also submitted that no proper enquiry u/S. 202 CrPC was conducted before the Court to show as to how the Respondent is defamed in the estimation of others and that the witnesses produced during the said inquiry were the employees of the Gujarat University itself."The present Complaint is not instituted by an aggrieved person, inasmuch as Dr. Piyush M. Patel has not claimed in the present complaint to be the aggrieved person. No specific injury or statement is stated to have been made against him, who is a Public Servant and thus Section 199(2) CrPC is not complied with in the present case. The Complaint is neither filed by the Public Prosecutor nor filed before the Court of Session," the appeal further submits.Lastly, the appeal contended that since the complaint has been filed against Petitioner as a Chief Minister of NCT of Delhi, hence, it was mandatory to obtain a sanction u/s 197 CrPC and that the summoning order erroneously presumes and records that Gujarat University is Petitioner's opponent.Last month, the Supreme Court stayed the criminal defamation proceedings against Kejriwal and Singh. Refusing to entertain Singh's plea to transfer the case out of Gujarat at the present stage, the Bench of Justices BR Gavai and Sandeep Mehta left the question of granting interim relief to be considered by the Gujarat High Court within 4 weeks. Till such time, the defamation case before the trial Court had been stayed.Background of the matterA metropolitan court in Ahmedabad had earlier summoned the duo (Kejriwal and Singh) to face trial in the defamation case filed by the Gujarat University over their (Kejriwal & Singh) alleged derogatory statementsThereafter, they moved the City Civil & Sessions Court Ahmedabad to stay the trial in the case pending the...

BREAKING | PM Modi Degree Defamation Case : Gujarat HC Dismisses Arvind Kejriwal & Sanjay Singh's Pleas Challenging Summons

Sparsh Upadhyay

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