Quarrel over PM’s qualifications: SC rejects Arvind Kejriwal’s plea against defamation writ | Latest News Delhi

The Supreme Court on Monday refused to quash the summons issued to former Delhi Chief Minister Arvind Kejriwal in a defamation case filed against him by Gujarat University for questioning Prime Minister Narendra’s educational qualifications Modi.

A bench headed by Justice Hrishikesh Roy noted that the top court had dismissed a similar challenge against the HC order in April this year while dealing with a petition by Aam Aadmi Party (AAP) MP, Sanjay Singh, who is a co-accused in the defamation. case.

“The complaint filed by the respondent (Gujarat University) was not only against the present petitioner but also against Sanjay Singh whose plea was dismissed by this court on April 8, 2024. We have to be consistent with this approach,” the court said, also composed of judge SVN. Bhatti said.

Without going into the merits, the bench said: “We do not wish to entertain the present plea. The same is rejected.

Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi argued that the petitioner’s case was different from that of Sanjay Singh as he was seeking time to present a chart distinguishing their cases. The bench said it was willing to consider the arguments, but once it did so, Kejriwal would not be allowed to withdraw his petition.

Singhvi told the court that no case of defamation had been established as Kejriwal’s statement only sought to question why the degree of the country’s highest chief executive was kept secret while the he university should actually come forward and acknowledge that a person who studied here became Prime Minister.

Solicitor General Tushar Mehta, appearing for University Registrar Piyush Patel, pointed out that the diploma was uploaded on the website and even a related order passed by the Central Information Commission to provide the diploma was canceled by the Gujarat High Court.

At one point during the hearing, Singhvi even expressed regret for his statement, but Mehta said Kejriwal had a habit of making defamatory statements and regretting it later. Without going into the merits of the competing arguments, the bench decided to follow judicial propriety and refused to consider the petition in the light of the earlier order passed in the case filed by Sanjay Singh.

In this order, the highest court held: “At the subpoena stage, only prima facie proof must be established. It is not at the same level when framing the charges. Before that, you will have your turn in the trial.

Regarding Singh’s petition, the bench said: “The complainant still has the opportunity to say on what elements he wishes to support his complaint. »

It further adds: “The single judge of the High Court ruled that all disputes between the parties remained open. The trial judge will not be influenced by any observation (in the HC order).

The complaint against the two AAP leaders was based on a press conference they held on April 2, 2023, days after the Gujarat High Court on March 31, 2023, set aside an order passed by the commissioner chief information officer ordering Gujarat University to produce a report. copy of PM Modi’s postgraduate diploma to candidate Kejriwal under the Right to Information (RTI) Act. The university claimed it was available on its website, a fact that was denied by AAP leaders at the press conference.

The trial in the case is currently pending in the court of the Additional Metropolitan Magistrate (ACMM) at Gheekata in Ahmedabad. The summons against Singh was issued on April 15 last year and he filed a review petition before the Ahmedabad City Sessions and Civil Judge; this plea was rejected on September 14.