In a significant legal development, former Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh have approached the Gujarat High Court. They are challenging orders passed by an Ahmedabad city sessions court related to a criminal defamation case filed by Gujarat University (GU). The case stems from their alleged remarks in 2023 concerning Prime Minister Narendra Modi's educational qualifications.
Legal Battle Escalates to Higher Judiciary
The two political leaders moved the high court after the sessions court rejected their respective applications last week. Kejriwal had sought a separate trial for himself, arguing that the case does not disclose any allegations of criminal conspiracy or acts done with a common criminal intention. His legal team contended that he should be tried individually.
During the recent hearing before Justice M R Mengdey, counsel for Kejriwal and Singh presented arguments supporting their pleas. However, they faced strong opposition from the lawyers representing Gujarat University. The university's registrar, represented by counsels Nirupam Nanavati and Amit Nair, opposed the applications. They submitted that the applications were primarily aimed at delaying the court proceedings. After hearing both sides, Justice Mengdey reserved the order.
Roots of the Defamation Proceedings
The entire legal saga began in April 2023 when Gujarat University filed a complaint before a metropolitan court in Ahmedabad. The university alleged that statements made by Kejriwal and Singh about the institution and its degrees were defamatory in nature. This complaint followed a crucial order by the Gujarat High Court, which had quashed a directive from the Central Information Commission (CIC). The CIC had initially ordered GU to disclose details of the Prime Minister's degree under the Right to Information (RTI) Act.
Taking cognizance of the university's complaint, the metropolitan court issued summons to both leaders, initiating the defamation case. The sessions court, while rejecting Kejriwal's plea for a separate trial, made a key observation. It stated that both accused appeared to have acted as part of a single transaction driven by a common purpose. The court noted that the alleged defamatory language and the uploading of related video content indicated a continuity of action. This, according to the court, attracted the applicability of Section 223(a) of the Code of Criminal Procedure (CrPC).
Sanjay Singh's Separate Plea Also Rejected
In a parallel legal move, Sanjay Singh had filed a separate application seeking the quashing of a plea recorded under Section 251 of the CrPC. This plea was taken in his absence, though his counsel was present, citing his inability to be physically present in court. The sessions court rejected this application as well. It held that it could not quash an order that was passed based on the initiation and instructions of the accused himself.
The case continues to draw significant political and legal attention, highlighting the ongoing tensions between the ruling establishment and the opposition over issues of transparency and public discourse. The Gujarat High Court's forthcoming order will be the next critical step in this protracted legal battle.
