Gujarat High Court: Hasmukh D. Suthar, J. refused to quash the summons issued by a Court in Ahmedabad against Delhi Chief Minister Arvind Kejriwal and Rajya Sabha Member Sanjay Singh in defamation case by Gujarat University for passing defamatory remarks against Prime Minister Narendra Modi’s degree.
Background
The Central Information Commission (‘CIC’) in proceeding No. CIC/SA/C/2015/000275/2015 accepted Delhi Chief Minister Arvind Kejriwal’s request by converting the same into an RTI Application and directed the disclosure of the educational degree of Prime Minister Narendra Modi. The Gujarat University filed a writ petition before the High Court seeking appropriate writ and order for quashing the CIC’s order dated 29-04-2016. The Court in Gujarat University v. M Sridhar Acharyulu1 allowed the Gujarat University’s petition and quashed the CIC’s order. The Court also imposed costs of Rs. 25,000/- on Kejriwal. The Court said that the CIC’s order was an indiscriminate misuse of the salutary provisions of the Right to Information Act, 2005. Further, the Court said that the degree in question was available on the website of the Gujarat University for all to see and despite being aware of the said fact and not disputing the degree, Arvind Kejriwal persisted with the matter.
The said decision was challenged by Kejriwal before the Division Bench of the Court, which is still pending before the Court.
Thereafter, Gujarat University filed a defamation case against Kejriwal and Rajya Sabha Member Sanjay Singh over the alleged defamatory remarks made by the duo regarding the educational degree of PM Narendra Modi. It was alleged that the duo had passed derogatory comments in separate press conferences. A Court in Ahmedabad had issued summons to the duo, which is the subject matter of the case at hand. A revision application was moved before the City Civil and Sessions Court Ahmedabad, to stay the proceedings in the said matter and quash the summons. However, the revision application was dismissed. Hence, the present appeal.
Source: Press
1. R/Special Civil Application No. 9476 of 2016.
