After being denied urgent hearing repeatedly, Kejriwal moves Gujarat HC registrar for priority listing

Citing Supreme Court's guidelines for giving priority to cases involving sitting or former legislators, Kejriwal has sought 'expeditious hearing' while saying criminal proceeding against him concerns his life and liberty

After being denied priority hearing on three occasions, Delhi chief minister Arvind Kejriwal on Friday filed an application before the Gujarat high court's registry seeking his petition to be kept high on board for "priority hearing" on the next date.

The Aam Aadmi Party leader has challenged his personal appearance before a court in Ahmedabad in a criminal defamation case filed by Gujarat University for his alleged remarks over academic degrees of Prime Minister Narendra Modi.

Citing Supreme Court's guidelines for giving priority to cases involving sitting or former legislators, Kejriwal has sought "expeditious hearing/listing priority and time bound hearing to the MP/MLA matters..." Earlier, his lawyer's requests for an urgent listing and hearing were rejected four times including on Friday. On one of the occasions, Delhi-based senior lawyer Rebecca John had requested for a brief hearing which was also rejected.

The application filed through advocate Aum Kotwal mentions that this petition was filed on September 16. The matter was listed in normal course on September 22 but couldn't be taken up and was adjourned to September 26. The hearing didn't take place for being listed down in the cause list and was adjourned to September 29.

The application stated that on Friday the petition was listed at serial number 142 and a priority hearing was requested before the court of justice Samir Dave. The court declined and the matter was adjourned to October 6.

"It is pertinent to mention that although the matter was listed on three dates earlier and 06/10/2023 is the fourth date even the notice has not being issued till date causing a great prejudice to the petitioner as the trial court proceeding are going at the neck break speed," the application addressed to high court registrar (judicial) mentions.

It further adds, "The present matter concerns a challenge to initiation of Criminal Proceedings against the petitioner/applicant and concerns his life and liberty. Apart from that, the present matter also falls within the list of priority matters as per the Roster Note no.IX."

Apart from Kejriwal, his party leader and MP Sanjay Singh has also moved high court for quashing the order passed by a magisterial court ordering their presence before it in connection with the defamation case. Both had challenged the order before a sessions court which rejected it following which both the leaders moved high court.

Gujarat University has moved the metropolitan court against the two leaders for making "sarcastic and derogatory" statements against the varsity with regard to PM Modi's degree. The varsity has said that Kejriwal and Singh's alleged derogatory statements in the press "tarnished its goodwill image."

Court reserves order

Gujarat high court on Friday concluded the hearing on a petition moved by Kejriwal seeking review of the judgement which set aside the direction of chief information commission (CIC) to provide him academic degree of Prime Minister Narendra Modi and imposed a fine Rs25,000 for seeking the degree "persistently." Single bench of justice Biren Vaishnav concluded the hearing and reserved the verdict. The Delhi CM argued that he never "persisted" for PM's degree as he didn't file any application for information about the degree. He has stated that he neither requested to treat him as an applicant while the Chief Information Commissioner suo motu took up the matter and therefore the cost imposed on him is nothing but "an error apparent on the record."