Mumbai, Maharashtra
Mumbai: The Bombay High Court has dealt a major setback to Congress MP and Leader of Opposition in the Lok Sabha, Rahul Gandhi, by refusing to quash the summons issued in a defamation case related to an alleged objectionable remark against Prime Minister Narendra Modi.
The court observed that there was no apparent legal flaw or illegality in the order issued by the Girgaon Magistrate in 2019 that would warrant the High Court’s intervention.
A single-judge bench of Justice N.R. Borkar dismissed Rahul Gandhi’s petition challenging the order passed by the Magistrate’s Court on August 28, 2019. The order had directed that further proceedings be initiated on a criminal defamation complaint filed against Rahul Gandhi.
The case relates to an alleged “Sardar of Thieves” remark made by Rahul Gandhi about Prime Minister Narendra Modi during a public rally in Rajasthan in 2018. The complainant, M.H. Shreeshirmal, had filed a criminal defamation complaint against Rahul Gandhi and identified himself as a Bharatiya Janata Party (BJP) worker.
The complaint alleged that Rahul Gandhi’s remarks damaged the reputation of Prime Minister Narendra Modi. The complainant also alleged that Rahul Gandhi had shared a video on his ‘X’ account in which the term “Commander-in-Thief” was used for the Prime Minister.
Representing Rahul Gandhi, advocates Sudeep Pasbola and Kushal Mor argued before the court that the complaint was baseless and that the complainant did not have the necessary legal standing to file it. They sought the quashing of both the summons and the Magistrate’s order.
The complainant opposed Rahul Gandhi’s petition. After hearing arguments from both sides, the court declined to interfere with the Magistrate’s order.
Justice Borkar observed that the court found no legal defect in the impugned order. Accordingly, Rahul Gandhi’s petition was dismissed.
However, the High Court maintained its 2021 order directing the Magistrate’s Court to defer the hearing of the complaint for six weeks. The purpose was to give Rahul Gandhi an opportunity to approach the Supreme Court against the High Court’s decision.
Following the ruling, Rahul Gandhi has not received immediate relief in the defamation case. However, the option of challenging the High Court’s decision before the Supreme Court remains open. The further legal course of the case will now depend on any potential proceedings before the apex court.
