Countering the contentions, University’s counsel Nanavaty submitted that the plea in the case has already been recorded and both Singh and Kejriwal have already pleaded not guilty and thus the instant appeal is infructuous.
“I don’t say convict them right now. I just say let them face trial. Let the trial court decide if an offence is made out. But at the threshold if you want to arrest the due process of law, then you must have sterling material in your favour,” Nanavaty said on behalf of the varsity.
Further, Nanavaty argued that the term “lowering reputation in estimation of others” in Section 499, doesn’t mean that others should be some “aliens thinking that the university’s reputation has been lowered.”
“I have so many employees, there are affiliated colleges, there are teachers, students, alumni etc. The witnesses are amongst them. They think that by the statements made, the reputation of the University has tarnished,” Nanavaty said.
To this, Justice Suthar pointed out that in such a situation, the reputation must be tarnished in the estimation of others, which would mean the general public.
“As argued by the other side, you (University) haven’t examined any public member as such, who might think that your reputation has been harmed. All the witnesses share the same interest as you,” the Court observed.
The Court then closed the matter for judgment. It is likely to pronounce the verdict on February 16.
Source: Barandbench
