The Supreme Court on Monday refused to entertain a petition filed by former Delhi Chief Minister Arvind Kejriwal against a criminal defamation case filed by the Gujarat University Registrar over his controversial remarks regarding the educational degree of Prime Minister Narendra Modi.
The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti noted that in April 2024, the Apex Court had dismissed a similar petition filed by co-accused Sanjay Singh challenging the same order of the Gujarat High Court.
Taking in view the Apex Court order of April 2024, the Bench said it was not inclined to entertain Kejriwal’s plea. It clarified that all contentions were left open to be decided in the trial and that it has not gone into the merits of the matter.
Appearing for Kejriwal, Senior Advocate Dr Abhishek Manu Singhvi submitted that he merely asked why the University was not publishing Modi’s degree and wondered if it was because the degree was fake.
The Senior Counsel said that if at all the statement was defamatory, it was for the Prime Minister to file a criminal defamation case and not for the Gujarat University Registrar.
The statements could not be, at any stretch, regarded as defamatory as regards the University, he added.
Representing the University, Solicitor General Tushar Mehta drew the attention of the Court to the order passed in Sanjay Singh’s case.
Singhvi responded that Singh’s statements were different and sought to distinguish Kejriwal’s case.
The SG further apprised the Court about the Gujarat High Court’s order quashing the direction of the Central Information Commission to furnish a copy of Modi’s degree certificate.
The High Court had passed strictures against Kejriwal in that judgment and imposed costs on him, added the SG.
When Singhvi said that Kejriwal was ready to express regret for his statement, the SG said that the present complainant had a habit of making reckless statements and then saying sorry. He had been doing so since the time of late Arun Jaitley, and should be more circumspect.
Senior Advocate Singhvi argued that the whole intention behind the case was to disqualify Kejriwal from political life by securing a conviction in the defamation case.
He requested the Court to grant Kejriwal an opportunity to file a statement of regret and a chart showing how his statements were different from Sanjay Singh.
The Apex Court observed that it could allow Singhvi to argue, but cautioned that once the arguments were heard, the petitioner would not be allowed to withdraw the matter and a decision on merits would be rendered.
Singhvi ultimately conceded and the matter was dismissed in view of the order passed in Sanjay Singh’s case, without going into the merits.
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