Bombay High Court dismissed Rahul Gandhi’s plea challenging the 2019 summons issued in the defamation case.
The complaint relates to Gandhi’s “commander-in-thief” remark against Prime Minister Narendra Modi over the Rafale deal.
The court deferred magistrate proceedings for six weeks, allowing Gandhi time to approach the Supreme Court.
The Bombay High Court on Tuesday refused to quash summons issued to Congress leader Rahul Gandhi in a defamation complaint over his “commander-in-thief” remark against Prime Minister Narendra Modi in connection with the Rafale fighter jet deal.
The court, however, continued for six weeks its December 2021 interim order deferring proceedings before the magistrate, giving Gandhi time to approach the Supreme Court.
A single bench of Justice N R Borkar dismissed Gandhi’s challenge to the Girgaum magistrate’s August 28, 2019 order issuing process against him. The court found no “perversity and illegality” in the magistrate’s order and declined to interfere with the proceedings.
“This court finds no infirmity in the order. Hence, the petition is dismissed,” the High Court said.
The Defamation Case
The complaint was filed by M H Shrishrimal, who claimed to be a BJP member. He alleged that Gandhi defamed Modi through remarks made at a public rally in Rajasthan in September 2018.
Shrishrimal alleged that Gandhi referred to Modi as “commander-in-thief” while speaking about the Rafale deal. He also claimed that Gandhi shared a video containing the remark on his personal X account.
According to the complainant, the remarks amounted to allegations of theft and hurt the sentiments of BJP supporters and others associated with the Prime Minister.
What Was Gandhi’s Defence?
Gandhi’s lawyers, Sudeep Pasbola and Kushal Mor, argued that the complaint was frivolous. They also questioned Shrishrimal’s locus standi, arguing that he was not an aggrieved person entitled to initiate defamation proceedings.
The High Court rejected the plea to interfere with the magistrate’s decision to issue summons.
Proceedings before the magistrate will remain deferred for six weeks, allowing Gandhi time to move the Supreme Court against the High Court order.
