The Supreme Court on Monday refused to quash the summons issued by a trial court in Gujarat to Aam Aadmi Party (AAP) chief Arvind Kejriwal in connection with a defamation case filed against him by Gujarat University over Kejriwal's comments on Prime Minister Narendra Modi's academic qualifications [Arvind Kejriwal vs Piyush M Patel and anr].
A Bench of Justices Hrishikesh Roy and SVN Bhatti said that a similar plea filed by AAP lawmaker Sanjay Singh had been dismissed earlier by the Court.
"We are not inclined to interfere since one appellant came before us and it was dismissed," the Court said while rejecting Kejriwal's appeal against a ruling of the Gujarat High Court.
Senior Advocate Abhishek Manu Singhvi, appearing for Kejriwal, argued that the statements made by Singh were different, but the Bench refused to entertain the plea.
"It is seen that complaint filed by respondent 1 (Gujarat University) pertained to not only present petitioner but also Sanjay Singh whose plea was dismissed by this court on April 8, 2024. We must be consistent with that approach. Having regard to that view, we would not like to entertain the present plea. The same is dismissed," the Court ordered.
The Gujarat High Court had in February refused to quash the summons issued to Kejriwal in the defamation case filed by Gujarat University in relation to the statements about PM Modi's academic degrees.
This led to the instant appeal by Kejriwal before the apex court seeking quashing of the criminal proceedings. The appeal was filed through advocate Vivek Jain.
Background
The defamation complaint against Kejriwal and Singh alleged that the two politicians made "defamatory" statements against the Gujarat University in relation to the controversy over PM Modi's academic degree.
The summons in question were issued to the two leaders in April last year by an Additional Chief Metropolitan Magistrate.
Before the High Court, the AAP leaders had contended that the complaint was not maintainable at all since the statements were not against the varsity.
However, the university submitted that Kejriwal and Singh by their statements had tarnished its image and must be made to face the trial.
Prior to that, the Gujarat High Court had in March 2023 held that the Prime Minister's Office (PMO) need not furnish Modi's degree certificates under the Right to Information Act (RTI Act).
Justice Biren Vaishnav had set aside the order of the Chief Information Commission (CIC) directing the public information officer (PIO) of PMO and the PIOs of Gujarat University and Delhi University to furnish details of Modi's graduate and post-graduate degrees to Kejriwal who sought the details.
Pertinently, the High Court had imposed costs of ₹25,000 on Arvind Kejriwal as well.
It was soon after High Court's ruling in the RTI case that Gujarat University filed the defamation complaint accusing the two politicians of defamation.
After the High Court declined to quash the defamation proceedings before the trial court, the duo moved the apex court.
Sanjay Singh's appeal was dismissed by another Bench in April this year.
Hearing today
During the hearing of Kejriwal's appeal today, Senior Advocate Abhishek Manu Singhvi, appearing for the former Delhi Chief Minister, submitted that there was no statement made against the University and hence, it could not have filed any defamation complaint.
"Here, the complaint is by registrar of Gujarat University. There is nothing said against the registrar or Gujarat University," Singhvi said.
Singhvi also said that seeking disclosure of degree of persons in public life cannot lead to defamation action.
"With great respect, it is not the right away of looking at the issue where by disclosing the degree of major public officials you are (allegedly) defamed.
"After High Court sets aside CIC order, he holds a press conference where he defames us," Solicitor General Tushar Mehta said on behalf of the University.
The Court after hearing the parties proceeded to dismiss the case.