PM degree Case | Delhi Court directs AAP Leaders Kejriwal, Sanjay Singh to appear on July 26

PM degree Case | Delhi Court directs AAP Leaders Kejriwal, Sanjay Singh to appear on July 26

Today, Delhi Court has directed Delhi Chief Minister Arvind Kejriwal and AAP's Rajya Sabha member Sanjay Singh to appear before it on July 26 in connection with a criminal defamation case over their "sarcastic" statements on Prime Minister Narendra Modi's degree.

The case against the two Aam Aadmi Party (AAP) leaders was filed on the basis of a complaint lodged by the Gujarat University (GU).

Earlier, the Court has directed them to appear before it on Thursday (July 13).

However, the Counsel appearing for them has filed an exemption application saying Kejriwal and Singh could not appear due to heavy rains in Delhi.

On the other hand, counsel for Gujarat University, Amit Nair did not oppose the plea but urged the court to direct the AAP leaders to remain present on the next date as the trial is being delayed.

After taking into consideration the exemption plea for their absence, Additional Chief Metropolitan Magistrate S J Panchal directed Kejriwal and Singh to remain present on July 26.

During the hearing, the AAP leaders' lawyer submitted another plea under section 309 of the Code of Criminal Procedure (CrPC), urging the court to adjourn the hearing in view of a related matter being heard in the Gujarat High Court.

However, Nair opposed the plea saying there was no connection between this case and the matter which is pending before the high court. Subsequently, the AAP leaders did not press for the plea and withdrew it. During the previous hearings, the court had summoned the two AAP leaders after observing that prima facie there appeared to be a case against them under section 500 (defamation) of the Indian Penal Code (IPC).

Gujarat University Registrar Piyush Patel had filed a defamation complaint against the two leaders over their comments after the Gujarat High Court set aside the Chief Information Commissioner's order on PM Modi's educational degree. They made "defamatory" statements in press conferences and on Twitter targeting the university over PM Modi's degree, the complainant said, adding that their comments against the Gujarat University were defamatory and intended to hurt the reputation of the varsity.

Earlier, in 2017, Solicitor General (SG) Tushar Mehta, appeared in the matter argued DU did not have any problem in sharing the information sought on the number of students who appeared, passed, or failed.

During the hearing, he added it cannot disclose the results of all students along with roll numbers, names, father names, and marks.

DU argued that such information was exempted from disclosure.

Later in 2016, Gujarat high court set aside order of the CIC for providing information about Modi’s degrees to Aam Aadmi Party (AAP) leader and Delhi chief minister Arvind Kejriwal under the RTI Act. It allowed the Gujarat University’s appeal against the CIC’s order and fined Kejriwal 25,000.

In April 2016, CIC M Sridhar Acharyulu directed the Delhi University and the Gujarat University to provide information to Kejriwal.

Later, at that time Gujarat high court stayed the order after Gujarat University approached it.

In 2016, the CIC’s order came a day after Kejriwal wrote to Acharyulu, saying he has no objection to records about him being made public. Kejriwal wondered why the commission wanted to “hide” information on Modi’s educational qualifications. He wrote Modi’s degrees should be brought into the public domain to remove any confusion over the issue.

Acharyulu later directed the Gujarat University to give records of Modi’s educational qualifications to Kejriwal.

The Gujarat University objected to the CIC’s order saying “irresponsible childish curiosity” of someone cannot become public interest under the RTI Act.

In February, Mehta, appearing for the university, told the Gujarat high court that there was nothing to hide in the first place because information about Modi’s degrees is “already in the public domain”. He added the university also placed the information on its website on a particular date.

Mehta said there was no obligation to give a copy of the university degree of the Prime Minister to any third person under the RTI.

Mehta referred to exceptions under the RTI Act for not complying with the CIC’s order. He argued the RTI Act is being used for settling scores and to make “childish jabs” against opponents.

Mehta referred to judgements of the Supreme Court and high courts about the exemptions and added that one cannot seek someone’s personal information just because one is curious about it.

Mehta argued the information sought has nothing to do with Modi’s role as a public figure. He cited the provisions of the RTI Act and said the information sought must be related to public activity. Mehta said the Gujarat University was holding the information about Modi in a fiduciary capacity. He referred to Section 8(1)(e) of the RTI Act said such information cannot be disclosed “unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.”

 

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