Bombay HC refuses to quash Rahul Gandhi defamation summons over Modi remark
The Bombay High Court on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in 2019 in a defamation complaint over his remarks against Prime Minister Narendra Modi, whom he had called a "commander-in-thief".
A single bench of Justice N R Borkar dismissed Gandhi's petition against the magistrate court's order. The HC, however, continued its 2021 order directing the magistrate to defer hearing on the complaint for six weeks so that Gandhi can approach the Supreme Court in appeal.
The direction to defer the hearing on the defamation complaint meant that Gandhi, the Leader of Opposition in the Lok Sabha, would not be required to appear before the magistrate.
The complainant, M H Shrishrimal, had opposed Gandhi's plea in the HC, claiming that being a member of BJP, he too was aggrieved by the remarks made against his leader.
The court refused to accept Gandhi's contention that the complainant was not an aggrieved party as the remarks were against a person 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, 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.
Shrishrimal's lawyer, however, opposed this and said the trial in the case has been at a standstill since 2021.
Justice Borkar continued the interim order for six weeks. Gandhi had challenged a Girgaum magistrate's order of August 28, 2019 for a process against him on Shrishrimal's complaint.
The complaint had alleged that Gandhi defamed PM Modi in a public speech on September 20, 2018, in Rajasthan.
Shrishrimal said Gandhi posted a video of the rally on his personal X (formerly Twitter) account on September 24, 2018, and referred to PM Modi as "commander-in-thief" over the Rafale fighter jet deal.
The complainant claimed these statements amounted to direct allegations of theft against all members of the BJP and Indian citizens connected to PM Modi.
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.
