On 9th November, the Gujarat High Court rejected Delhi Chief Minister Arvind Kejriwal’s review petition seeking information on Prime Minister Narendra Modi’s degree. Kejriwal had sought reconsideration of the High Court’s earlier decision to quash a Central Information Commission (CIC) order. Notably, CIC had directed the Gujarat University to provide information regarding PM Modi’s degree. In his judgment, Justice Biren Viashnav agreed with Solicitor General Tushar Mehta’s assertion that Kejriwal continued to pursue the matter to keep the “pot boiling”.
The court also said that Arvind Kejriwal contemptuously and irresponsibly continued his false narration doubting the validity of the degree conferred on PM Modi by Gujarat University.
While representing Gujarat University, SG Mehta said that Kejriwal had lost his legal remedy when the court allowed the University’s petition in March. He added that Kejriwal “continues to harp upon his pursuit in following a cause by proceeding in this review application in a manner which does not reflect good taste in public life”.
#Breaking: Gujarat High Court rejects the review plea by Arvind Kejriwal.
— Bar & Bench (@barandbench) November 9, 2023
"Application is rejected. No order for costs," Justice Biren Vaishnav said. @ArvindKejriwal#ArvindKejriwal #PMModiDegree #GujaratHighCourt https://t.co/xB99dcpxPk
The court maintained that though seeking a review was Kejriwal’s legal remedy, he failed to suggest a genuine pursuit of the matter. In March 2023, the court allowed Gujarat University’s petition against Kejriwal and imposed a fine of Rs 25,000 against Delhi’s Chief Minister. The recent dismissal means he has to pay the earlier penalty. However, no new cost has been imposed by the court.
Justice Vaishnav said, “The court is conscious that seeking a review is and could be a remedy available in law, but looking to the grounds and the arguments raised before this court in the review application, it cannot be said that the applicant (Kejriwal) has sought to invoke this remedy purely with a view to seeking legal recourse.” The court justified the cost, stating Kejriwal attempted to politicise the matter.
In the judgement, the court said, “Even after disposal of the writ petition by this Hon’ble Court vide judgement and order dated 31.03.2023 (after hearing extensive arguments on behalf of the review – applicant) the review applicant and contemptuously and irresponsibly continued his false narration doubting the degree validly conferred by the answering respondent. Apart from the utterances being immature and does not reflect good taste in public life which talking about the highest functionary in the executive wing under the Constitution, the review applicant has not even bothered to inform anyone (while making such irresponsible utterances) that his legal remedy in which the very degree was the subject matter is rejected against him by the highest constitutional court of India.”
Justifying the imposition of the cost, the court stated that “the applicant tried to deflect the entire proceedings to politicise the issue as is evident from the letter. This clearly was an abuse of the process of the RTI machinery. Costs, therefore, are justified.”
The judgment also cleated the path for the Gujarat University to proceed with the criminal defamation case against Kejriwal and AAP MP Sanjay Singh. The university said the defamatory statements made against the educational institute after the verdict passed by the court in March. In his review petition, Kejriwal challenged the imposed cost and claimed that Modi’s degree was unavailable on the University’s website. He contended that the judgment suffered from an apparent error, leading to a failure of justice.
Opposing the review, Kejriwal argued that his remedy should not have been a review but an appeal. He further insisted on imposing costs for review filing, but the court denied the request in the judgment.
Kejriwal’s 66 MLAs in Delhi and Punjab are not graduates
Kejriwal and the Aam Aadmi Party have been accusing PM Modi of being uneducated, though he has an MA degree. Interestingly, 66 out of 154 AAP MLAs in Delhi and Punjab are not even graduates, including former education minister of Delhi Manish Sisodia. Detailed information on the education qualifications of AAP’s MLAs in Delhi and Punjab can be checked here and here.
