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Wednesday, December 13, 2023

Gujarat Court Rejects Arvind Kejriwal's Adjournment Plea In PM Degree Case

A metropolitan court here on Wednesday rejected Delhi Chief Minister Arvind Kejriwal and Rajya Sabha member Sanjay Singh's applications seeking adjournment in proceedings in a defamation case filed against them over their remarks regarding Prime Minister Narendra Modi's educational degree.

The court of additional chief metropolitan magistrate SJ Panchal rejected the adjournment applications moved by the lawyers representing the Aam Aadmi Party (AAP) leaders. The court also reserved its order for Thursday on Kejriwal's plea stating that he cannot be prosecuted without sanction under section 197 of CrPC (Code of Criminal Procedure) because he is a public servant.

The two leaders are facing a criminal defamation case filed by the Gujarat University (GU) over their "sarcastic" and "derogatory" statements in connection with PM Modi's degree.

Kejriwal and Singh moved pleas seeking adjournment of the case on the grounds that their petitions challenging the summons are pending before the Gujarat High Court and are likely to be taken up in February next year.

Taking strong objection to the adjournment applications, Gujarat University's lawyer Amit Nair said that the HC has not granted any stay on the trial, and witnesses to be examined in the case are present in the court.

Nair also argued against Kejriwal's plea challenging his prosecution in the matter on the grounds that since he is a public servant, sanction for prosecution should have been obtained under section 197 of CrPC.

The lawyer representing the GU said that the utterance of defamatory words does not fall under the category of discharge of official function and hence such a sanction was not required in the present case. He said that the application was a tactic to delay the matter. The court reserved its order for Thursday.

Kejriwal and Singh had approached the Gujarat High Court for a stay on the defamation proceedings against them till the disposal of their revision plea in a sessions court.

The court had summoned the two leaders after observing that prima facie there appeared to be a case against them under section 500 (defamation) of the Indian Penal Code (IPC).

GU registrar Piyush Patel had filed a defamation case against the two leaders over their comments after the Gujarat HC set aside the Chief Information Commissioner's order on 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.

He said their comments targeting Gujarat University were defamatory and hurt the prestige of the university which has established its name among the public.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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