HC Refuses to Quash 2019 Defamation Summons Against Rahul Gandhi Over PM Modi Remarks

MUMBAI, Sep 8: The Bombay High Court on Tuesday refused to quash summons issued to Congress MP Rahul Gandhi in a 2019 defamation case over his remarks against Prime Minister Narendra Modi, in which he had referred to him as a “commander-in-thief”.

A single bench of Justice N R Borkar dismissed Gandhi’s petition challenging the Girgaum magistrate court’s order issuing process against him, finding no “perversity and illegality” in the order.

The High Court, however, continued its 2021 direction asking the magistrate to defer proceedings for six weeks, allowing Gandhi to approach the Supreme Court in appeal. The direction also means that he is not required to appear before the magistrate during the deferment period.

Gandhi, the Leader of Opposition in the Lok Sabha, had challenged the magistrate’s August 28, 2019 order in a defamation complaint filed by M H Shrishrimal, who claimed to be a BJP member.

The complaint relates to Gandhi’s “commander-in-thief” remark against Modi in 2018 in connection with the Rafale fighter jet deal. Shrishrimal alleged that Gandhi made the remarks during a public speech in Rajasthan in September 2018 and subsequently repeated them in a video posted on his personal X account.

Gandhi’s lawyers, Sudeep Pasbola and Kushal Mor, had argued that the complaint was frivolous and that Shrishrimal lacked the locus standi to initiate the proceedings, as he was not an aggrieved party.

The complainant opposed Gandhi’s plea, alleging that the remarks amounted to direct accusations of theft against Modi and members of the BJP and citizens associated with him.

The High Court said it found no infirmity in the magistrate’s order and dismissed Gandhi’s petition. (Agencies)