MUMBAI:
The Bombay High Court has refused to quash summons issued to Congress leader Rahul Gandhi in 2019 in a defamation complaint over his remarks against Prime Minister Narendra Modi, allowing the proceedings to continue.
Justice N R Borkar dismissed Gandhi’s petition challenging the Girgaum magistrate’s August 2019 order initiating proceedings against him.
The complaint was filed by M H Shrishrimal, who claimed to be a BJP member. It relates to remarks made by Gandhi during a public meeting in Rajasthan in September 2018, in which he referred to Modi as “commander-in-thief” in the context of the Rafale fighter jet controversy.
Gandhi’s lawyers argued that the complaint was frivolous and that Shrishrimal had no locus standi to initiate the proceedings as he was not personally an aggrieved party.
The complainant, however, contended that Gandhi’s remarks amounted to allegations of theft against BJP members and others associated with Modi.
The High Court found no perversity or illegality in the magistrate’s order and declined to interfere.
The court, however, continued an earlier direction deferring proceedings before the magistrate for six weeks, giving Gandhi an opportunity to approach the Supreme Court.
The High Court had in November 2021 directed the magistrate to defer the hearing, meaning Gandhi was not required to appear before the lower court during the period covered by the order.
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