SC pauses criminal defamation trial against Rahul Gandhi over remark against PM

The Supreme Court has put the brakes on the criminal defamation trial against Rahul Gandhi over his 2018 jibes at Prime Minister Narendra Modi during the Rafale deal controversy. The case, filed by a BJP worker, centres on Gandhi's alleged "Commander-in-Thief" and "Choro Ke Sardar" remarks.

In Short

• Case relates to 'Commander-in-Thief' remarks on PM Modi
• Notice issued on Gandhi's plea, response due in four weeks
• Bombay HC refused to quash defamation case in September

The Supreme Court on Tuesday pauseed the trial in a criminal defamation case against Congress leader Rahul Gandhi over his alleged “Commander-in-Thief” and “Choro Ke Sardar” remarks against Prime Minister Narendra Modi in connection with the Rafale fighter jet deal.

A bench of Justices Vikram Nath and Aparesh Kumar Singh issued notice on Gandhi's plea, seeking a response within four weeks. The order temporarily halts the proceedings in the lower court.

Gandhi has challenged a September 8 order of the Bombay High Court, which refused to quash the criminal defamation case. Senior advocate Abhishek Manu Singhvi appeared for the Congress leader before the Supreme Court.

The case stems from remarks Gandhi allegedly made at a rally in Rajasthan in September 2018, during the political controversy over the Rafale deal.

According to the complainant, BJP worker Mahesh Shrishrimal, the remarks were defamatory and lowered Modi's reputation. He also contended that the Prime Minister was trolled by news channels and on social media following the statements, thus making grounds for defamation.

Shrishrimal argued that Gandhi's remarks against PM Modi, including calling him “Choron Ke Sardar”, effectively portrayed BJP members as thieves and damaged the reputation of the party and its workers.

HOW THE CASE REACHED THE SUPREME COURT

Shrishrimal filed the complaint before a magistrate's court in Girgaon, Mumbai. In August 2019, the magistrate summoned Gandhi to appear in the case. Gandhi received the summons in July 2021 and subsequently challenged the order before the Bombay High Court.

Before the High Court, Gandhi argued that the complaint was not maintainable, contending that he had not named the BJP and had not targeted any identifiable or definite class of people. He argued that, in the absence of such an identifiable group, there was no clearly aggrieved person or class with the legal standing to pursue the defamation case.

The Bombay High Court, however, relied on its earlier judgment in the case involving Congress leader Shashi Tharoor, in which it held that a political party, by virtue of its registration, constitutes an identifiable body.

After hearing Gandhi, the complainant and the Maharashtra government, the High Court had reserved its verdict in February before refusing to quash the proceedings on September 8.

The Supreme Court's interim order means the trial will remain on hold while Gandhi's challenge is considered.

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