The Bombay High Court on Tuesday (September 8) refused to quash the summons issued to Congress MP Rahul Gandhi in a 2019 defamation case over his remarks against Prime Minister Narendra Modi, whom he had referred to as a 'commander-in-thief'. A single bench of Justice NR Borkar dismissed Gandhi’s petition challenging the magistrate court's order.
However, the High Court continued its 2021 order directing the magistrate to defer proceedings in the complaint for six weeks, allowing the Congress leader to approach the Supreme Court against the latest order. The direction to defer the hearing on the defamation complaint meant that Rahul Gandhi, the Leader of Opposition in the Lok Sabha, would not be required to appear before the magistrate.
MH Shrishrimal opposes Rahul Gandhi's plea
The defamation case was filed by BJP leader MH Shrishrimal before the Girgaon Magistrate's court.
Shrishrimal had opposed Rahul Gandhi’s plea in the High Court, arguing that as a BJP member, he too was aggrieved by the remarks made against his party’s leader.
The court rejected the Congress leader’s contention that Shrishrimal could not be considered an aggrieved party since the remarks were directed at an individual and not the political party.
BJP is a "determinate body with a class of members", and complainant Shrishrimal is an active member of the party since 2018, Justice Borkar said. "Prime Minister Narendra Modi is a prominent face of the BJP, and any remarks made against him therefore cannot be said to be incapable of affecting those who are members of the party," the HC said.
Whether the remarks made by Gandhi were of a personal nature intended against PM Modi alone could be determined only during the trial after examination of evidence and witness statements, it added.
Justice Borkar said the court did not find any "perversity and illegality" in the magistrate's order and hence no reason to interfere. "This court finds no infirmity in the order. Hence, the petition is dismissed," the HC said.
After the court passed its order, Rahul Gandhi's counsel Sudeep Pasbola urged it to extend the interim order passed in 2021 for eight weeks so that the Congress leader could appeal in the apex court.
What is the case?
Rahul Gandhi had challenged the Girgaum magistrate’s August 28, 2019 order issuing process against him in connection with Shrishrimal's complaint.
The complaint alleged that Gandhi defamed Prime Minister Modi during a public speech in Rajasthan on September 20, 2018.
According to Shrishrimal, Gandhi later posted a video of the rally on his personal X account on September 24, 2018, in which he referred to Modi as a 'commander-in-thief' in connection with the Rafale fighter jet deal.
The complainant alleged that the remarks amounted to direct allegations of theft against BJP members as well as Indian citizens associated with PM Modi. He also alleged that, as a result of the defamatory statements, PM Modi was subjected to trolling across various news channels and social media platforms.
Gandhi's counsel Pasbola and advocate Kushal Mor argued that the complaint was frivolous and the complainant had no locus standi to file it.
The complainant was not an aggrieved party and hence cannot file such a complaint, they had submitted.
(With PTI inputs)
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