On Wednesday, a metropolitan court declined the applications of Delhi Chief Minister Arvind Kejriwal and Rajya Sabha member Sanjay Singh, refusing their request for a postponement in the defamation case proceedings filed against them. The case pertains to their comments regarding Prime Minister Narendra Modi's educational qualifications.
Additional Chief Metropolitan Magistrate SJ Panchal dismissed the adjournment requests put forth by the legal representatives of the Aam Aadmi Party (AAP) leaders. Additionally, the court opted to defer its decision until Thursday regarding Kejriwal's plea, which asserts that prosecution cannot proceed against him without sanction under section 197 of the Code of Criminal Procedure (CrPC) due to his status as a public servant.
The Gujarat University (GU) has filed a criminal defamation case against the two leaders, citing their "sarcastic" and "derogatory" remarks concerning PM Modi's degree. Arvind Kejriwal and Sanjay Singh are currently facing legal action in this matter.
Kejriwal and Singh requested a postponement of the case, citing that their petitions challenging the summons are awaiting consideration by the Gujarat High Court. They highlighted the likelihood of these petitions being addressed in February of the upcoming year.
Strongly opposing the adjournment requests, Gujarat University's lawyer, Amit Nair, expressed objection, noting that the High Court hadn't provided any stay on the trial proceedings. Nair emphasized that witnesses required for examination in the case were present in court, urging against further delay.
Nair further contested Kejriwal's plea challenging his prosecution, citing that as a public servant, the requirement for sanction under section 197 of the Code of Criminal Procedure (CrPC) should have been adhered to before initiating legal action.
The lawyer representing Gujarat University contended that the act of making defamatory statements doesn't align with the scope of discharging official duties, thereby negating the necessity for sanction in this particular case. He asserted that the application was a deliberate tactic to prolong proceedings. The court decided to withhold its decision and reserved the order for Thursday.
Kejriwal and Singh had appealed to the Gujarat High Court, seeking a halt to the defamation proceedings until their revision plea in a sessions court was resolved.
The court summoned the two leaders based on its initial assessment, stating that prima facie evidence suggested a potential case against them under section 500 of the Indian Penal Code (IPC), concerning defamation.
The Gujarat University registrar, Piyush Patel, lodged a defamation case against the two leaders due to their remarks following the Gujarat High Court's decision to overturn the Chief Information Commissioner's ruling regarding PM Modi's degree.
They made "defamatory" statements in press conferences and on their Twitter, now X, handles targeting the university over Modi's degree, the complainant stated.
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