HC Refuses to Quash 2019 Summons Against Rahul Gandhi Over Remarks on PM Modi
Justice N R Borkar finds no illegality in magistrate’s order over Congress leader’s “commander-in-thief” remark against the Prime Minister
MUMBAI, Sept 8: The Bombay High Court on Tuesday declined to quash the summons issued to Congress MP Rahul Gandhi in a defamation case arising from his 2018 remarks against Prime Minister Narendra Modi.
A single bench of Justice N R Borkar dismissed Gandhi’s petition challenging an August 28, 2019 order of a Girgaum magistrate, who had issued process against the Congress leader on a complaint filed by M H Shrishrimal, who claimed to be a BJP member.
The complaint relates to Gandhi’s description of Prime Minister Modi as a “commander-in-thief” during a public speech in Rajasthan in September 2018, in the context of the Rafale fighter jet deal.
The High Court, however, continued its November 2021 direction staying proceedings before the magistrate for six weeks, allowing Gandhi to approach the Supreme Court against Tuesday’s order. The direction also means that the Congress leader will not have to appear before the magistrate during this period.
Justice Borkar said the court found no “perversity and illegality” in the magistrate’s decision and therefore saw no grounds for interference.
“This court finds no infirmity in the order. Hence, the petition is dismissed,” the court said.
Gandhi Challenges Magistrate’s Order
Gandhi had challenged the process issued by the Girgaum magistrate, arguing through his lawyers that the complaint was frivolous and legally unsustainable.
His counsel Sudeep Pasbola and advocate Kushal Mor submitted that Shrishrimal was not an aggrieved person and therefore lacked the locus standi to initiate the defamation proceedings.
The lawyers argued that the complainant had not personally suffered any alleged defamation and, consequently, could not maintain the complaint against Gandhi.
BJP Member Alleges Defamatory Statements
Shrishrimal, in his complaint, alleged that Gandhi had made the disputed remarks during a political rally and subsequently repeated them in a video posted on his personal X account, formerly known as Twitter.
According to the complainant, Gandhi’s statements amounted to allegations of theft directed not only at the Prime Minister but also at BJP members and Indian citizens associated with him.
The complaint was filed over Gandhi’s remarks concerning the Rafale aircraft deal and alleged that the statements were defamatory.
Shrishrimal opposed Gandhi’s plea before the High Court and sought continuation of the proceedings.
The Bombay High Court’s decision keeps the underlying defamation complaint alive, while the temporary deferment of proceedings gives Gandhi an opportunity to seek relief from the Supreme Court.
