Ahmedabad: Delhi Chief Minister Arvind Kejriwal and Aam Aadmi Party MP Sanjay Singh have filed petitions at a sessions court in Gujarat, challenging a lower court's summons on July 26 in a defamation case filed by the Gujarat University. The judge has issued notices to the University and the state government and the matter will be heard on August 5.
University Registrar Piyush Patel had filed the defamation complaint against Mr Kejriwal and Mr Singh over their allegedly "sarcastic" and "derogatory" comments regarding Prime Minister Narendra Modi's education degree.
The Gujarat University has argued that the statements by Mr Kejriwal and Mr Singh would give the impression that the university issues fake and bogus degrees.
In April, a court admitted a criminal defamation case. Both leaders were summoned for recording of their statements.
In the last hearing held on July 13, Mr Kejriwal and Mr Singh's lawyer said they could not appear due to heavy rains in Delhi. The court then asked them to be present on July 26.
In the fresh appeal, the leaders have argued that the magistrate court had "committed an error of law" by passing the summoning order.
Section 199 of the CrPC stipulates that a complaint of defamation can only be instituted by "a person aggrieved". However, the complaint itself "does not even allege that Piyush Patel, the GU Registrar, has been claimed to have been defamed," their petition contended.
Moreover, the letter of authority given at the instance of GU's Vice-Chancellor to Mr Patel (to be a complainant), does not have any reference to the complaint or cause of action. Even the names of the AAP leaders were also missing in the letter, they have argued.
They have asked the court to set aside the summons and scrap the defamation complaint.
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