Gujarat High Court denies AAP plea over defamation

In a significant ruling, the Gujarat High Court refused to grant an interim stay to Aam Aadmi Party (AAP) leaders, Arvind Kejriwal and Sanjay Singh, over criminal defamation proceedings initiated by Gujarat University relating to comments on Prime Minister Narendra Modi’s degree.

Backdrop and Allegations
Gujarat University accused both leaders of making “sarcastic” and “derogatory” statements concerning PM Modi’s educational qualifications. The remarks, allegedly aimed at tarnishing the university’s reputation, insinuated potential falsehoods in the PM’s degree credentials.
Kejriwal and Singh, in response to their comments, have been summoned by a metropolitan court, prompting them to seek legal avenues to challenge and delay the process.

Legal Tussle
After an unsuccessful plea to the sessions court on August 7, the duo turned to the Gujarat High Court. Justice Samir Dave, while hearing the arguments, underscored the previous assurance by the AAP leaders to appear in the metropolitan court and record their statements.
Senior advocate Mihir Joshi, representing Kejriwal, contended that the magistrate’s summons were “incorrect and invalid”. He further added that there’s no necessity for personal presence, suggesting representations can be made through legal counsel. To bolster his point, Joshi highlighted instances when the metropolitan court exempted personal appearances due to unforeseen circumstances.
However, Gujarat University’s representation, senior advocate Mitesh Amin, retorted by reminding of Kejriwal and Singh’s commitment to appear on August 11, which they must honour.
Justice Dave, not mincing his words, iterated that evading court appearances wasn’t appropriate. “Situation in New Delhi is alright now. So, when are you appearing?… Are you ready to appear? After five days, seven days or ten days?” Justice Dave questioned pointedly.
Underlying Accusations
Gujarat University’s grievance revolves around the allegedly defamatory remarks made by the AAP leaders in press conferences and social media platforms, questioning the veracity of PM Modi’s degree. Some contentious remarks by Kejriwal included, “If there is a degree and it is genuine, then why is it not being given?” and “They are not giving a degree because it might be fake.” Singh, on the other hand, accused the university of endorsing a potentially false degree of the PM.
These comments, as per the complainant, not only malign PM Modi but cast aspersions on the integrity of Gujarat University, leading many to question its credibility in issuing genuine degrees.

What’s Next
The revision application in the sessions court is scheduled for August 21. As the narrative unfolds, the legal battle underscores the precarious balance between freedom of expression and the protection of an institution’s reputation.