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No respite for Kejriwal, Sanjay Singh, Gujarat HC junks plea challenging summons in Modi degree defamation case

Justice Hasmukh D Suthar while rejecting the petitions stated that "as the petitioners are only summoned, no any ground is found or case is made out to interfere with the impugned orders and as no defence can be looked into at this stage.
Last Updated : 16 February 2024, 17:15 IST
Last Updated : 16 February 2024, 17:15 IST

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Ahmedabad: The Gujarat high court Friday dismissed the petitions of Delhi chief minister and AAP chief Arvind Kejriwal and his party colleague Sanjay Singh challenging summons issued to them in connection with a defamation case filed by Gujarat University over their statements related to Prime Minister Narendra Modi's academic degrees.

Justice Hasmukh D Suthar while rejecting the petitions stated that "as the petitioners are only summoned, no any ground is found or case is made out to interfere with the impugned orders and as no defence can be looked into at this stage. Hence, present petitions being devoid of any merit are hereby dismissed."

The order states that "whatever grounds urged by the petitioners are disputed questions of fact which may be adjudicated at the full-fledged trial and by recording the evidence as no mini trial is permissible..."

The AAP leaders had moved the court after an Ahmedabad sessions court dismissed their revision applications against the summons issued by the magisterial court last year. They moved Gujarat high court seeking interim relief which was also denied, forcing them to approach the Supreme Court. In January, the apex court stayed the trial till February 16 while directing the high court to decide the petitions challenging summons.

State-run Gujarat University through its registrar Piyush Patel on April 12 filed a criminal defamation case against Kejriwal and Singh in a metropolitan court here. On April 15, the court ordered an inquiry into the complaint under section 202 of code of criminal procedure (CrPC). The court while ordering registration of a criminal complaint against the AAP leaders after verifying the complaint issued process to Kejriwal and Singh, asking them to remain present.

GU filed the case after Kerjiwal and Singh held press conferences on April 1 and 2 following an order passed by Gujarat high court on a petition seeking PM Modi's degree.

"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," are said to be some of the remarks Kejriwal is reported to have made in the press conference.

GU has objected to these remarks, claiming they are defamatory.

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Published 16 February 2024, 17:15 IST

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