PM Modi degree row: Gujarat High Court refuses to stay defamation case against Arvind Kejriwal and Sanjay Singh

In a setback for Delhi Chief Minister Arvind Kejriwal and Member of Parliament Sanjay Singh, the Gujarat High Court Friday refused to grant an interim stay on the proceedings initiated against them for allegedly defaming Gujarat University over the issue pertaining to the academic degree of Prime Minister Narendra Modi [Arvind Kejriwal v. Piyush Patel]..Justice Samir Dave said, "No case made out for interim relief.".This order was passed after hearing the brief submissions of Senior Advocate Mihir Joshi, who appeared for Kejriwal. Joshi submitted that his client, being a Constitutional functionary, cannot be compelled to make a personal presence before the magistrate Court in a "summons case." He argued that the sessions court, which is seized with his revision application against the summons order issued by the magistrate court, must first decide the revision application and only then further proceedings before the magistrate court can proceed. .On the other hand, Senior Advocate and Public Prosecutor Mithesh Amin highlighted the fact that the magistrate court had twice given exemption from personal appearance to Kejriwal and Singh. "On July 26, they gave an undertaking to the court that they will appear before it on August 11. Today is August 11. They haven't honoured their own undertaking. The undertakings given to a court must be honoured," Amin underscored. Justice Dave, therefore, sought to know from Joshi if his client is ready to appear before the magistrate court, since he has given an undertaking to that effect. However, Joshi argued that the said undertaking was to the effect that they (Singh and Kejriwal) will appear through their advocates and even the plea would be recorded through advocates. Hearing the same, the judge refuses to grant an interim stay. .A magistrate had earlier issued summons to the Aam Aadmi Party (AAP) leaders, asking them to remain present on August 11. They challenged the said order before the sessions court, which, on August 5, refused to grant an interim stay on the proceedings. This has prompted them to move the Gujarat High Court for relief. .Gujarat University has sued the two politicians for allegedly making derogatory statements against it for not disclosing the degree of Prime Minister Modi. In an order passed on April 17 this year, Additional Chief Metropolitan Magistrate (ACMM) Jayeshbhai Chovatiya had said that the statements made by Kejriwal and Sanjay Singh were prima facie defamatory.The judge passed the order after taking note of the oral and digital evidence shared in a pen drive, which comprised Kejriwal's tweets and speeches made after a judgment of the Gujarat High Court in the matter.In the said High Court verdict, Justice Biren Vaishnav had allowed an appeal filed by University and held that it need not disclose Prime Minister Modi's degree. The High Court had also imposed a fine of ₹25,000 on Kejriwal. .Taking note of these facts, the magistrate opined that the accused politicians were well-educated political office bearers who are aware of the effect of their statements on the public at large, the judge had further pointed out. If political office bearers, instead of fulfilling their duty to their people, do any work for their personal enmity or selfishness, it is considered a violation of the trust of the people, the ACMM court added.Notably, the university has taken exception to the following statements of Kejriwal, which he made after the Gujarat High Court judgment:"Degree kuch idhar-udhar hai. Agar degree hai aur woh sahi hai toh degree de kyu nhi rahe hai ? Gujarat Vishwavidyalaya aur Delhi Vishwavidyalaya aakhir degree ki jaankari kyu nahi de rahe hai? Shayad is liye nahi de rahe hai kyunki ho sakta hai ke degree shayad farzi ho, ya nakli ho. Agar Pradhan Mantri Delhi ya Gujarat Vishwavidyalaya se padhe hai toh Gujarat Vishwavidyalaya ne toh celebrate karna chahiye ke humara ladka hai jo desh ka Pradhan Mantri ban gya. Wo unki degree ko chhupane ki koshish kar rahe hai." (Translation: There is something wrong. If there is a degree, then why aren't they giving the degree? Why are Delhi and Gujarat Universities not giving out the copies of the degrees? May be because the degree is bogus or fake. If the Prime Minister has studied from Delhi University or Gujarat University, then they ought to celebrate the fact that he is their student, who has now become the Prime Minister. But they are hiding the degrees.)