Modi Degree row: Gujarat court reserves verdict on Kejriwal's plea against summons in defamation case

A sessions court in Ahmedabad Friday concluded the hearing on petitions 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 in a criminal defamation case initiated by state-run Gujarat University related to controversy over PM Minister Narendra Modi's academic degrees.

The court is likely to pronounce the order on September 14. Gujarat University (GU) through its registrar Piyush M Patel has filed a criminal defamation case against the AAP leaders for making "sarcastic and derogatory" statements against it with regard to PM Modi's degree. The varsity has argued that Kejriwal and Singh's alleged derogatory statements in the press "tarnished its goodwill image." Following the complaint, a metropolitan magisterial court issued summons to both the leaders for their appearance which has been challenged in the sessions court.

In an affidavit filed in the court, Patel has stated that he is "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 against Kejriwal's contentions that being a government body established under the statute, GU can't file a criminal defamation case against its citizens. Kejriwal through his lawyer Aum Kotwal argued that, "no complaint for prosecution for the offence of defamation at the instance of State is envisioned under the statute. Any penal consequence to Right to Life under Article 20 and 21 of the Constitution without procedure established under law. Hence, in absence of any sanction to file a complaint under the Gujarat University Act, 1949, the impugned Complaint is still-born in law."

The two AAP leaders are facing criminal 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."