Aarohi Girish Dhumale
The Supreme Court, on 21st October, 2024, declined to dismiss the summons issued to former Delhi Chief Minister Arvind Kejriwal in a defamation case brought by Gujarat University, which accused him of questioning Prime Minister Narendra Modi’s educational qualifications.
The case originated from a Special Leave Petition filed by Gujarat University against the former Delhi Chief Minister, alleging that his comments questioning the validity of the Prime Minister’s educational qualifications, especially his degree from Gujarat University, were derogatory and harmful to his reputation. The University’s Registrar i.e Piyush Patel, filed a criminal defamation case against Kejriwal and AAP MP Sanjay Singh.
A bench headed by Justice Hrishikesh Roy and Justice SVN Bhatti pointed out that the Supreme Court had rejected a similar petition from Aam Aadmi Party (AAP) MP Sanjay Singh, who is also 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,” Justice SVN Bhatti said.
Senior advocate Abhishek Manu Singhvi represented Mr. Kejriwal while Solicitor General Tushar Mehta, appeared for university registrar Piyush Patel.
Singhvi argued that the proceedings against the AAP leader were intended to secure a conviction and disqualify him from political life. Though Advocate Singhvi said that Mr. Kejriwal was ready to apologize, the Solicitor General said that,” The present complainant is in the habit of making reckless statements and then saying sorry. From the time of late Arun Jaitley. He should be more circumspect,”
Advocate Singhvi argued that no defamation case had been established, as Mr. Kejriwal’s statement merely questioned why the educational qualifications of the country’s highest executive should be kept secret and that the university should instead recognize that someone who studied there has become Prime Minister. Solicitor General Tushar Mehta, representing University Registrar i.e., Piyush Patel, stated that the degree has been uploaded on the university’s website, and he also pointed out that a related order from the Central Information Commission to disclose the degree had been overturned by the Gujarat High Court.
The bench stated that it was willing to consider the arguments but stated that once it begins its examination, Mr. Kejriwal would not be permitted to withdraw his petition.
The plea was then withdrawn and the matter was dismissed.
Case Name: Arvind Kejriwal v. Piyush M. Patel & Anr
Case Number: SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 11230/2024
Bench: Justice Hrishikesh Roy and Justice SVN Bhatti