Stories
HC Refuses to Quash Summons to Rahul Gandhi in PM Modi Defamation Case
- •The Bombay High Court dismissed Rahul Gandhi's petition to quash 2019 summons in a defamation complaint over his "commander-in-thief" remarks against PM Narendra Modi.
- •Justice NR Borkar's bench upheld the magistrate's order but extended a 2021 directive to defer the hearing for six weeks, allowing Gandhi to appeal to the Supreme Court.
- •The court rejected Gandhi's argument that the complainant, MH Shrishrimal, was not an aggrieved party, stating that remarks against PM Modi, a prominent BJP face, affect party members.
- •The HC found no "perversity and illegality" in the magistrate's order, concluding that whether Gandhi's remarks were personal would be determined during the trial.
- •The interim order deferring the hearing means Gandhi is not required to appear before the magistrate for six weeks, despite the complainant's lawyer noting the trial has been stalled since 2021.
Key Questions Answered
The Bombay High Court refused to quash the summons because it found no "perversity and illegality" in the magistrate's order. The court also stated that remarks against Prime Minister Modi, a prominent face of the BJP, could affect party members, rejecting Gandhi's contention that the complainant was not an aggrieved party.
The defamation complaint stemmed from Rahul Gandhi's remarks in a September 2018 public speech in Rajasthan, where he referred to Prime Minister Narendra Modi as a "commander-in-thief" in connection with the Rafale fighter jet deal. He later posted a video of this rally on his X (formerly Twitter) account.
The Bombay High Court dismissed Rahul Gandhi's petition to quash the 2019 summons but continued its 2021 order to defer the hearing for six weeks. This allows Gandhi to appeal to the Supreme Court and means he is not currently required to appear before the magistrate.
