Thread by @barandbench

Gujarat High Court reserves orders in a petition by Gujarat University challenging direction to furnish copies of Prime Minister Narendra Modi's degree certificate to Delhi Chief Minister Arvind Kejriwal

#NarendraModi @PMOIndia @ArvindKejriwal #GujaratHighCourt

Solicitor General Tushar Mehta for the University argued before bench of Justice Biren Vaishnav.

SG: There is nothing to hide as the degree is there in public domain, on social media etc. But we cannot be compelled to disclose the information.
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SG: We cannot be asked to furnish the information to satisfy someone's childish and irresponsible curiousity. Also, it should be noted that the info sought has nothing to do with his (Narendra Modi's) role as a public figure.
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SG: In a democracy, there won't be a difference if a person holding the office is a doctorate or an illiterate. Also, there is no public interest involved in this issue. Even his privacy is affected

Reads out several judgments of the Supreme Court.

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SG: For instance, if one seeks information under RTI as to what is the height, bank balance etc of the President of India. Would this be logical? Does it has any public interest?

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SG: Our constitution does not mandate any educational qualification for one to contest elections.

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Sr Adv Percy Kavina for Arvind Kejriwal makes submissions.

Kavina: There is no childish and irresponsible curiousity as is attempted to be portrayed.

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Kavina: I fail to understand why Gujarat University has challenged this order, especially when its own rights aren't being affected. The Public Information Officer (PIO) of the PMO should have had questioned the order not the varsity.

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Kavina: There is an alternative remedy available for the person, who is affected by the order in question.

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Kavina: My friend SG Mehta has said that the degree is available on the internet. That is incorrect. An interview of him (Modi) with one Rajiv Shukla is available on the net and not the degree. Thus, we sought copy of the degree.
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Kavina: This is an "ambush hearing" that suddenly they have come to argue the case.
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Kavina: If you see the nomination form (filed during elections) mentions his educational qualifications. Thus, we are asking for a degree certificate and not his marksheet.

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SG Mehta responds to the submissions.
SG: When the respondent (Kejriwal) was asked to furnish his degree he said he would but the applicant there too should disclose. This isn't some school game that if I do you will also have to do.

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SG: The entire nation would be looking for this court's judgment on this matter.

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Kavina: Milords, the best way is to show that it (degree) is there on the internet. That would be the best proof.

SG: It is there. But we don't want to make it mockery of the highest court of the State.

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#CourtroomExchange
Kavina says he is happy to see SG arguing in Gujarat High Court.

SG: I too am happy but I get happy when we are on the same side.

Kavina: Singing the same tune is no fun.

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SG: The provisions of RTI states that information sought must be related to the public activity.
For instance, they cannot ask what breakfast I had but yes what amount was spent for the breakfast.

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Justice Vaishnav reserves orders.

Hearing ends.

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