PM degree row: SC dismisses Arvind Kejriwal’s plea against defamation summons

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 the educational qualifications of Prime Minister Narendra 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 respondent (Gujarat University) pertained not only to the present petitioner but also Sanjay Singh whose plea was dismissed by this court on April 8, 2024. We must be consistent with that approach,” the bench, also comprising justice SVN Bhatti said.
Without going into merits, the bench said, “We would not like to entertain the present plea. The same is dismissed.”
Appearing for Kejriwal, senior advocate Abhishek Manu Singhvi argued that the petitioner’s case was different from that of Sanjay Singh as he sought time to present a chart distinguishing their matters. The bench said it was willing to examine the arguments but once it does so, Kejriwal would not be allowed to withdraw his petition.
Singhvi told the court that no case of defamation was made out as the statement by Kejriwal only sought to question the reason for keeping the educational degree of the highest chief of executive of the country a secret when the University should in fact come forward and acknowledge that a person who studied here has become the Prime Minister.
Solicitor General Tushar Mehta, appearing for university registrar Piyush Patel, pointed out that the degree has been uploaded on the website and even a related order passed by the Central Information Commission to provide the degree has been quashed by the Gujarat high court.
At one point during the hearing, Singhvi even expressed regret for his statement, but Mehta said that Kejriwal was in the habit of making defamatory statements and later regretting it. Without entering the merits of rival submissions, the bench decided to follow judicial propriety and refused to entertain the petition in the light of the earlier order passed in the matter filed by Sanjay Singh.
In that order, the top court took the view, “At the stage of summons, only a prima facie case is required to be made out. This is not of the same standard while framing of charge. Before that, you will have your turn in trial.”
Dealing with Singh’s petition, the bench had said, “The complainant still has a chance to say on what material he wishes to sustain the complaint.”
It further added, “The single judge of the high court has held that all contentions of parties are kept open. The trial judge will not be influenced by any observations (in the HC order).”
The complaint against the two AAP leaders was based on a press conference conducted by them on April 2, 2023, days after the Gujarat high court on March 31, 2023, set aside an order passed by the chief information commissioner directing Gujarat University to produce a copy of the post-graduate degree of PM Modi to applicant Kejriwal under the right to information (RTI) Act. The university claimed it was available on its website, a fact that was denied by the AAP leaders at the press conference.
The trial in the matter is currently pending before the court of additional chief metropolitan magistrate (ACMM) at Gheekata in Ahmedabad. The summons against Singh was issued on April 15 last year against which he filed a revision petition before the City Civil and Sessions Judge, Ahmedabad; that plea was dismissed on September 14.