AHMEDABAD: A metropolitan court on Friday rejected Delhi chief minister Arvind Kejriwal's application opposing criminal prosecution in the defamation complaint filed by Gujarat University. The metropolitan court stated that there is no need for prior approval for his trial in this case, as the politician's remarks do not seem to have been made as part of the discharge of official duty.
Kejriwal, along with Aam Aadmi Party (AAP) Rajya Sabha member Sanjay Singh, is facing trial on a criminal defamation complaint over their remarks about Prime Minister Narendra Modi's degree.
Kejriwal sought protection under provisions of Section 197 of the CrPC and asserted that a sanction was required to initiate trial against him because he is a public servant.
Additional chief metropolitan magistrate S J Panchal dismissed Kejriwal's request to stop the trial without sanction, mandatory in the case of a public servant.
His advocates had argued that without the competent authority's permission to initiate criminal proceedings against him, the trial against him stands vitiated. The statements were made as part of the duty of a public servant to ask questions.
However, the university's advocate Amit Nair opposed the application and asserted that Kejriwal made defamatory statements about the university and tarnished the image of the institution.
The statements were not made as part of his duty as public servant and hence there was no colour of duty, he said.
After rejection of Kejriwal's application, the metropolitan court posted the proceeding on December 28, when the university is likely to present its witnesses.
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