2 hrs ago
Gujarat High Court Upholds Cost Against Kejriwal Over Modi Degree
Arvind Kejriwal wanted information about Prime Minister Narendra Modi’s university degree made public.
The Central Information Commission had directed universities to provide the information in 2016.
Gujarat University challenged that direction in court.
A single judge later cancelled the commission’s order and ordered Kejriwal to pay Rs 25,000.
Kejriwal appealed that decision.
The Gujarat High Court rejected his appeal.
The court said there was no reason to change the earlier judgment.
Kejriwal’s lawyers disagreed with the cost, while the university said he had pursued the case too strongly.
The Gujarat High Court rejected Arvind Kejriwal’s appeal concerning disclosure of Prime Minister Narendra Modi’s academic degree.
A division bench upheld the single judge’s decision quashing the Central Information Commission’s 2016 directive.
The court maintained the Rs 25,000 cost imposed on Kejriwal for allegedly misusing RTI provisions.
Kejriwal’s counsel argued he had not persistently sought the degree and that the CIC acted on a letter.
Gujarat University argued Kejriwal pursued the case relentlessly and that the appeal risked misuse of the RTI Act.
- Who
- The Gujarat High Court, Arvind Kejriwal, Gujarat University, and the Central Information Commission were involved; the case concerned Narendra Modi’s academic degree.
- What
- The Gujarat High Court rejected Kejriwal’s appeal and upheld the Rs 25,000 cost imposed on him.
- Where
- The matter was decided by the Gujarat High Court in Ahmedabad.
- When
- The appeal was rejected on Tuesday, September 29; the original single-judge order was issued on March 31, 2023, according to the report.
- Why
- The division bench found no error in the earlier judgment, which had quashed the Central Information Commission’s directive and imposed costs on Kejriwal.
Kejriwal’s Position
Gujarat University’s Position
Basis for the cost
Kejriwal’s Position
Kejriwal’s counsel argued that he had not persisted in seeking Modi’s degree, challenging the basis for imposing costs.
Gujarat University’s Position
The university argued that Kejriwal fought the case relentlessly and held press conferences to defame the institution.
RTI proceedings
Kejriwal’s Position
His counsel said the Central Information Commission initiated proceedings suo motu based on a letter, not a formal application.
Gujarat University’s Position
The university argued that the request did not serve the purpose of the RTI Act and risked burdening government officials.
Online availability
Kejriwal’s Position
Kejriwal’s lawyers argued that if the degree was available online, the issue should fall within the RTI Act and the cause of action should cease.
Gujarat University’s Position
The university had submitted that the degree was already available online, a claim Kejriwal’s lawyers disputed.
Key facts
- Appeal outcome
- The Gujarat High Court dismissed Kejriwal’s appeal.
- Cost upheld
- Rs 25,000.
- Original directive
- The Central Information Commission had ordered disclosure of Modi’s degree information in 2016.
- Original judgment
- A single judge quashed the commission’s directive on March 31, 2023.
- Kejriwal’s argument
- His counsel said he had not persistently sought the degree and that the CIC acted on a letter rather than a formal application.
- University’s argument
- Gujarat University said Kejriwal pursued the case relentlessly and that the RTI Act should not be misused.
- Degree information stated
- Gujarat University said Modi completed an MA in Political Science in 1983 with 62.3 per cent as an external student.
Quotes
Gujarat High Court division bench
The division bench comprising Chief Justice Sunita Agarwal and Justice DN Ray.
“In the totality of facts and circumstances of the present case, no error on any of the submissions of the appellant hearing can be found in the judgment impugned. The appeal stands dismissed accordingly with no further order as to cost.”
theprint.in
Sources
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