PM degree case: HC refuses to quash summons against Kejriwal, Singh

Maintaining that GU falls “within the identifiable class” so that proceedings can be initiated in the case, Justice Suthar recorded that though the university is considered a state authority under Article 12 of the Constitution, it, however, cannot be considered as a state for all purposes under Article 1 or claim any privilege or sovereign powers.

In a temporary relief to the two leaders in January, the Supreme Court had stayed the trial proceedings until February 16 while directing the Gujarat HC to decide their petitions by then. With Friday’s verdict, the trial is due to commence again unless a further stay is granted by SC. The AAP leaders’ counsels did not seek a stay on the HC order.

Arguing on behalf of Kejriwal and Singh, senior advocate Rebecca John had on February 2 made submissions that charges of defamation are not made out, corroborative witnesses examined by the trial court were not independent witnesses but all GU employees and the university cannot be called “an aggrieved person”. If it is, a separate procedure has to be followed, as it is an instrumentality of the state and thus would require the public prosecutor to file a complaint alleging defamation before the court as is stipulated under Section 199(2) of the CrPC.

Noting that Kejriwal and Singh’s alleged defamatory statements only made incidental reference to the PM, the order noted that “the statements are made against university, as if university has forged or issued fake degree to hon’ble Prime Minister and hence, question does not arise to follow procedure under Section 199(2) of the CrPC”.

Holding that the magistrate court, prior to issuance of process, “has considered all relevant aspects and material and come to conclusion that the statements made by the accused persons are per se defamatory and innuendo and Gujarat University’s reputation is tarnished”, the HC refused to interfere with the magistrate court’s order issuing summons to Kejriwal and Singh.

Kejriwal and Singh were initially issued a summons by a magistrate court in Ahmedabad to appear before it on April 15, last year. Fresh summons were issued again on May 23.

GU Registrar Piyush Patel had filed the defamation case against Kejriwal and Singh after the HC had last March set aside the Central Information Commission (CIC) order directing GU to “search for information” regarding Modi’s degrees. As per the complaint, Kejriwal had allegedly made defamatory utterances at a press conference and Singh in the aftermath of the HC setting aside the CIC order.