Rahul Gandhi To Appear In Court As Amit Shah Defamation Case Nears Verdict

Rahul Gandhi will appear before a special MP-MLA court in Sultanpur on October 26 when it delivers its verdict in a defamation case linked to his alleged remarks on Union Home Minister Amit Shah during the 2018 Karnataka Assembly elections. Gandhi is the Leader of Opposition in the Lok Sabha.

Defence counsel Kashi Prasad Shukla confirmed that Gandhi will be physically present in court for the judgment. “A date has been set for the pronouncement of the judgment in the case involving Rahul Gandhi before the MP-MLA Court tomorrow. Rahul Gandhi will appear in court at 12:00 pm tomorrow to participate in the proceedings, at which point the judgment will be delivered,” Shukla told ANI.

The case arises from remarks Gandhi allegedly made at a political rally in Bengaluru during the Karnataka Assembly elections in May 2018. The complaint was filed by Vijay Mishra, who was then the BJP District Vice President.

Post-Verdict Procedure Details

The next step is procedural. Shukla said the court will carry out the legal formalities required after the verdict before Gandhi leaves for his next engagement.

“Following the delivery of the judgment, compliance with Section 437A of the Code of Criminal Procedure (CrPC) will be carried out. Thereafter, he will proceed to his next scheduled engagement as per his pre-planned itinerary,” the counsel added.

Under Section 437A of the CrPC, an accused must execute bail bonds with sureties to ensure appearance before a higher appellate court if an appeal is filed against the trial court’s verdict. The CrPC has since been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023. Under the new law, the earlier CrPC Section 437A corresponds to Section 481 of the BNSS.

Complaint Origin Story

The case goes back to the 2018 Karnataka polls. It centres on a speech Gandhi delivered in Bengaluru during the Assembly election campaign in May that year.

“The case dates back to the 2018 elections in the state of Karnataka. It is alleged that Rahul Gandhi made an objectionable remark against the then-national president of the BJP, Amit Shah,” Shukla told ANI.

The complaint was filed by Vijay Mishra, then BJP District Vice President. The case was lodged in Sultanpur even though the alleged remark was made in Bengaluru during the election campaign.

Complainant's Account Details

Mishra linked the complaint to his long association with the BJP. He said he decided to move court after hearing Gandhi’s remarks against Shah.

“I was the vice president of BJP when this incident happened. Rahul Gandhi had accused Amit Shah in Bengaluru of being a murderer. When I heard these allegations, I felt very pained because I am a 33-year-old worker of the party. I filed a complaint regarding this through my lawyer, and this continued for almost 5 years. Today, the decision came in,” Mishra told ANI.

Mishra said the complaint had continued for almost five years. His remarks came earlier in the day before the court was set to pronounce the verdict.

Defence and Penalty

The complainant’s lawyer spelt out the prosecution’s case and the possible sentence. Santosh Kumar Pandey, who appears for Mishra, said statements of three witnesses were recorded in the complaint.

“Congress leader Rahul Gandhi held a press conference in Bengaluru. About 5 years ago, Amit Shah, who is currently the Home Minister, made objectionable remarks against him. On August 4, 2018, this case was filed in the District and Sessions Court of MP/MLA Court Sultanpur. On which on Monday, Judge Yogesh Kumar Yadav of MP MLA Court Sultanpur has summoned Congress leader Rahul Gandhi on December 16. This statement came from Rahul Gandhi during the Karnataka elections in Bengaluru in 2018,” Pandey told ANI.

He added, “When the information came through social media and TV news channels, the then District Vice President of BJP, Vijay Mishra, had filed a complaint. Statements of three witnesses were taken in the complaint. He (Rahul Gandhi) can be given a maximum punishment of 2 years in this entire case if sufficient evidence is found against him. Either Rahul Gandhi should appear in court and get his bail, or if he does not come, then the court can take action against him.”