The Supreme Court on Monday dismissed the appeal filed by AAP MP Sanjay Singh challenging the summons issued to him by a trial court in Gujarat in the defamation proceedings initiated by Gujarat University.
The varsity had taken the step in connection with the remarks made by Singh and Delhi chief minister Arvind Kejriwal on Prime Minister Narendra Modi's academic qualifications.
Though both Singh and Kejriwal had challenged the summons on Monday, the matter related to Singh stood dismissed.
"We are not inclined to entertain this petition. The special leave petition is accordingly dismissed. In any case the learned single judge of the high court has already observed that all contentions available to the parties are kept open and the learned trial judge would not be influenced by any of the observations made in the impugned order. Pending applications if any shall stand disposed of,” a bench of Justice B.R. Gavai and Justice Sandeep Mehta said in a written order after hearing senior advocates Rebecca John and Abhishek Manu Singhvi for Sanjay Singh.
Rebecca told the bench that the summons ought to be quashed as Gujarat University has not been defamed in any manner since Singh did not even name it in the social media posts. She also submitted that the university being a state within the meaning of Article 12, the defamation case ought to have been filed by the state public prosecutor, which had not been done in the case.
"I have not said Gujarat University has forged any degree. They have not produced anyone from the press conference. It was incumbent on them to find out from Twitter if any such video was uploaded," Rebecca said.
Heading the bench, Justice Gavai, however, said the contentions are all matters of defence, which should be taken before the trial court. Justice Mehta said for the purpose of defamation proceedings, a prima facie case is required to be made and the accused will have the opportunity to be heard before the trial court. Hence the bench refused to quash the defence and dismissed Singh’s plea.
