Bombay HC refuses to cancel summons to Rahul Gandhi over remarks against PM

The Bombay High Court refused to cancel Rahul Gandhi's summons in the 2019 defamation case over his remarks on PM Modi. It extended protection from his appearance before the magistrate by six weeks to let him move the Supreme Court.

In Short

• Court allowed 6-week interim relief for Rahul Gandhi to approach Supreme Court
• Complaint filed by BJP member over Gandhi's 'commander-in-thief' remark on PM
• Summons remain valid; trial proceedings deferred for six weeks by court order

The Bombay High Court on Tuesday refused to cancel the summons issued to Congress MP Rahul Gandhi in 2019 in a defamation complaint over his remarks against Prime Minister Narendra Modi, whom he had called a "commander-in-thief".

A single bench of Justice NR Borkar dismissed Gandhi's petition against the magistrate court order.

The court, however, continued its 2021 interim order for six weeks, allowing Gandhi time to approach the Supreme Court. This means Gandhi, who is the Leader of Opposition in the Lok Sabha, will not have to appear before the magistrate during this period.

The complaint was filed by MH Shrishrimal, who opposed Gandhi's plea in the High Court and said that as a BJP member, he too was aggrieved by remarks made against his party leader. The court did not accept Gandhi's argument that Shrishrimal was not an aggrieved party because the remarks were aimed at an individual and not the political party.

Justice Borkar said the BJP is a "determinate body with a class of members" and noted that Shrishrimal has been an active party member since 2018.

The court said, "Prime Minister Narendra Modi is a prominent face of the BJP, and any remarks made against him therefore cannot be said to be incapable of affecting those who are members of the party."

It added that whether Gandhi's remarks were personal and intended only against Modi could be decided only during the trial after examination of evidence and witness statements.

The High Court said it found no "perversity and illegality" in the magistrate's order. "This court finds no infirmity in the order. Hence, the petition is dismissed," it said.

After the order was passed, Gandhi's counsel Sudeep Pasbola asked for the 2021 interim relief to be extended by eight weeks so that Gandhi could appeal in the Supreme Court, but Shrishrimal's lawyer opposed the request, saying the trial had been stalled since 2021. Justice Borkar extended the interim order by six weeks.

Gandhi had challenged a Girgaum magistrate's order of August 28, 2019, which had issued process against him on Shrishrimal's complaint. The complaint said Gandhi defamed Modi in a public speech in Rajasthan on September 20, 2018, and later posted a video of the rally on his personal X account on September 24, 2018, referring to the Prime Minister as "commander-in-thief" over the Rafale fighter jet deal.

Shrishrimal claimed the statements amounted to direct allegations of theft against all BJP members and Indian citizens connected to PM Modi. Gandhi's counsel Pasbola and advocate Kushal Mor had argued that the complaint was frivolous and that Shrishrimal had no standing to file it.

With the High Court dismissing Gandhi's plea, the summons remains in place, though the magistrate proceedings will stay deferred for six weeks.

- Ends