First grade row: SC rejects Arvind Kejriwal’s plea against defamation summons | 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 Modi’s educational qualifications.

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 hearing a petition by Aam Aadmi Party (AAP) MP Sanjay Singh, who is co-accused of defamation. case

“The complaint filed by the respondent (Gujarat University) pertained not only to the present petitioner but also to Sanjay Singh, whose petition was dismissed by this court on April 8, 2024. We must be consistent with this approach,” the bench, also formed by 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 file a chart distinguishing his matters. The bench said it was willing to consider the arguments, but once it does, Kejriwal would not be allowed to withdraw his plea.

Singhvi told the court that no case of defamation was made out as Kejriwal’s statement was only meant to question the rationale for keeping the educational qualification of the country’s top executive a secret when the University should come forward and recognize that a person who studied here has become the prime minister.

Solicitor General Tushar Mehta, who presented the 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 set aside. laid down by the Gujarat High Court.

At one point in the hearing, Singhvi even expressed regret for his statement, but Mehta said Kejriwal had a habit of making defamatory statements and then regretting them. Without going into the merits of the rival submissions, the bench decided to follow the 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 opined, “At the summons stage, only a prima facie case has to be made out. That is not the same standard while framing the charge. Before that, you will have your turn in judgment.”

While dealing with Singh’s plea, the bench had said, “The complainant still has an opportunity to say on what material he wants to sustain the complaint.”

He further added, “The single judge of the high court has held that all the contentions of the parties remain 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 held by them on April 2, 2023, days after the Gujarat high court on March 31, 2023 quashed an order passed by the Chief Information Commissioner directing Gujarat University to produce a copy of PM Modi’s postgraduate degree to applicant Kejriwal under the Right to Information (RTI) Act. The university claimed it was available on its website, which was denied by AAP leaders at the press conference.

The trial in the matter is currently pending in the court of Additional Chief Metropolitan Magistrate (ACMM) 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; this reason was dismissed on September 14.