PM Modi’s degree order set aside, Kejriwal fined

The Gujarat high court on Friday set aside a 2016 order of the central information commissioner (CIC) asking Gujarat University to provide information about Prime Minister Narendra Modi’s degrees to AAP leader and Delhi chief minister Arvind Kejriwal under the Right to Information (RTI) Act.

The Gujarat high court on Friday set aside a 2016 order of the central information commissioner (CIC) asking Gujarat University to provide information about Prime Minister Narendra Modi’s degrees to Aam Aadmi Party (AAP) leader and Delhi chief minister Arvind Kejriwal under the Right to Information (RTI) Act.

Prime Minister Narendra Modi. (PTI)

Justice Biren Vaishnav allowed Gujarat University’s appeal against the CIC’s order and also imposed a cost of ₹25,000 on Kejriwal.

In April 2016, the then CIC M Sridhar Acharyulu directed Delhi University and the Gujarat University to provide information to Kejriwal. The court later that year stayed the order after Gujarat University approached it. Acharyulu’s order, to Gujarat University and Delhi University came after Kejriwal, wrote to him, saying he has no objection to information about him being shared but wondered why the commission wasn’t as forthcoming on information about Modi’s educational qualifications.

Gujarat University approached the High Court immediately, which stayed the CIC order. In hearings, Gujarat University has argued that it wasn’t heard by CIC before passing the order, that CIC passed its order while hearing a matter related to Kejriwal’s electoral ID card and not Modi’s qualifications, and that the entire episode had to do with politics.

The court’s verdict on Friday came a day after the AAP intensified its poster war targeting Modi. Posters asking whether the country needed an educated Prime Minister were put up in parts of Delhi on Thursday. AAP last week launched the “Modi Hatao, Desh Bachao (remove Modi, save nation)” campaign.

The AAP said similar posters in 11 languages were being put up in 22 states and that it would also display them at universities across India from April 10.

The Bharatiya Janata Party (BJP) responded to the poster campaign with one of its own “Kejriwal Hatao, Delhi Bachao (remove Kejriwal, save Delhi)”.

In February, Solicitor General Tushar Mehta, appearing for Gujarat University, told the court that there was nothing to hide in the first place because information about Modi’s degrees is “already in the public domain”. He added the university also placed the information on its website on a particular date. Kejriwal’s lawyers have disputed this.

Mehta said there was no obligation to give a copy of the university degree of the Prime Minister to any third person under the RTI. He referred to exceptions under the RTI Act for not complying with the CIC’s order. He argued the RTI Act is being used for settling scores and to make “childish jabs” against opponents.

Mehta referred to judgements of the Supreme Court and high courts about the exemptions and added that one cannot seek someone’s personal information just because one is curious about it.

“In a democracy, there would not 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.”

Mehta argued the information sought has nothing to do with Modi’s role as a public figure. “If one seeks information under RTI as to what is the height, bank balance, etc of the President of India is, would this be logical? Does it have any public interest?”

He also said Gujarat University was holding the information about Modi in a fiduciary capacity. He referred to Section 8(1)(e) of the RTI Act said such information cannot be disclosed “unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information.”

Mehta argued for allowing the Gujarat University’s plea with cost. “Otherwise, we will be doing a great disservice to the (RTI) Act. The Act is intended for something else, and it is being used for something else.”

Senior Advocate Percy Kavina, who appeared for Kejriwal, argued the nomination forms filed for contesting elections mention educational qualifications. “So, we are asking for a degree certificate and not his mark sheet.” He added the degree was not available on the internet as Mehra claimed.

Kavina argued Gujarat University does not have the locus to challenge the CIC order as it is not an affected party. He said that the Central Public Information Officer of the Prime Minister’s Office was primarily directed to furnish the information.

Mehta said the contention that the university was not affected due to the CIC’s order is incorrect. He added the varsity has been directed to “make the best possible search for information regarding degrees in the name of...Modi...and to provide it to appellant [Kejriwal].”

Reacting to the order Delhi CM Kejriwal tweeted: “Doesn’t the country even have the right to know how much their PM has studied? He vehemently opposed showing the degree in the court. Why? And those who demand to see their degree are going to be fined? What is all this happening?”

State BJP chief C R Patil said: “It is the court’s decision, and we as a party would not like to make any comment on it.”

On putting up posters in various parts of the country including Ahmedabad where police today arrested eight persons, state home minister Harsh Sanghvi said: “The party (AAP) is trying to draw attention by indulging in such activities, but law will take its course.”