Modi Degree row: Gujarat court junks Kejriwal, Singh's pleas against summons in criminal defamation case

Earlier, on September 8, the court had concluded the hearing and reserved its verdict for pronouncement.

A sessions court in Ahmedabad Wednesday dismissed revision applications moved by Delhi Chief Minister Arvind Kejriwal and his Aam Aadmi Party (AAP) colleague and member of Parliament (MP) Sanjay Singh, challenging the summons issued to them for their appearance in a criminal defamation case filed by state-run Gujarat University (GU) related to PM Minister Narendra Modi's academic degrees.

Additional sessions judge, J M Brahmbhatt passed the order rejecting the applications while holding that there was "no merit" in the applications. The order stated, "considering the facts of the present case, the magistrate has reached the conclusion of subjective satisfaction and issued the process after analyzing and appreciating the material on record, which is neither patently illegal nor erroneous. Thus, in these circumstances, this Court does not find any merit in the present revision application."

The AAP leader had moved the sessions court with two revision applications against the order of a magisterial court asking them to appear before it in the defamation case. GU through its registrar Piyush M Patel has filed the criminal defamation case against the two AAP leaders for making "sarcastic and derogatory" statements against the varsity with regard to PM Modi's degree. The varsity has said that Kejriwal and Singh's alleged derogatory statements in the press "tarnished its goodwill image."

Following the complaint, a metropolitan court had issued summons to both the leaders for their appearance. The leaders challenged the summons in the sessions court.

In an affidavit filed in the sessions court, GU's registrar Patel stated that he was "an individual member of the collection of persons who are defamed and thus the present complaint is maintainable." The affidavit stated that Patel was authorised to file the case by the vice-chancellor himself.

"More particularly Dr Piyush M, Patel, the complainant herein has also submitted an Authority Letter from the Vice-chancellor of Gujarat University giving the complainant the authority to file the complaint. Thus when the accused person has defamed Gujarat University, the complainant herein being the Registrar, on being authorised can file a complaint," GU has stated in the affidavit.

These submissions were made after Kejriwal's contentions that the registrar didn't have authority for filing a defamation case and being a state government body established under the statute (Gujarat University Act), GU couldn't have filed a criminal defamation case against its citizens.

The sessions court held that "The authority (GU) has conferred the power upon the registrar to represent the University in the respective court; therefore, the authority letter prima facie is a valid authorization to file a complaint in court. As the university is an aggrieved entity, the registrar of the university can file a criminal complaint on behalf of the university."

The court also noted that provisions of Gujarat University Act are clear that the varsity is "financially , functionally and administratively independent authority" and therefore it is an "independent legal entity." The order adds, "Hence, Gujarat University is an independent legal entity and the aggrieved party in the present case; the registrar, who is authorized to act on its behalf, can file a defamation complaint before the Magistrate."

The two AAP leaders are facing defamation cases for holding a press conference in Delhi on April 1 and 2 over the academic degrees of PM Modi. It was held a day after Gujarat high court quashed chief information commission's order directing GU to provide post graduate degree of PM Modi under Right to Information Act (RTI) to Delhi chief minister Arvind Kejriwal. The court not only quashed Kejriwal's plea, it also imposed a cost of Rs25,000 on him.

GU in its defamation complaint has stated that the two leaders reportedly said in the conference, "A few degrees here and there....if the degree is there and it is genuine, then why is the degree not being given? Why Gujarat University and Delhi University are not providing the degrees? Why are you not giving information?... The degree is not being given because the degree may be fake. If the Prime Minister studied from Delhi University and Gujarat University, then Gujarat University should celebrate the fact that he is our boy who became the Prime Minister of the country. But the varsity is trying to hide the degree."