3 hrs ago
Bombay High Court Rejects Gandhi Plea in Modi Defamation Case
The Bombay High Court decided not to cancel a defamation case against Rahul Gandhi.
The case concerns words Gandhi used about Prime Minister Narendra Modi in 2018.
The complaint says Gandhi called Modi a “commander-in-thief” while discussing the Rafale fighter jet deal.
M. H. Shrishrimal, a BJP member, filed the complaint.
Gandhi’s lawyers said Shrishrimal was not directly harmed and therefore could not bring the case.
The High Court disagreed and said the lower court’s order had no serious legal problem.
The court also said whether the remarks targeted Modi personally or BJP members must be decided during a trial.
However, the magistrate’s proceedings will remain paused for six weeks.
This gives Gandhi time to ask the Supreme Court to hear an appeal.
The Bombay High Court refused to quash 2019 summons issued to Rahul Gandhi in a defamation complaint involving Narendra Modi.
Justice N. R. Borkar found no “perversity and illegality” or other infirmity in the magistrate’s order.
The complaint concerns Gandhi’s 2018 remarks about Modi, including the phrase “commander-in-thief,” during criticism of the Rafale deal.
Gandhi’s lawyers argued that the complaint was frivolous and that BJP member M. H. Shrishrimal lacked legal standing.
The court extended its deferral of the magistrate’s proceedings by six weeks, allowing Gandhi time to approach the Supreme Court.
- Who
- Rahul Gandhi, Prime Minister Narendra Modi, and complainant M. H. Shrishrimal are central to the case.
- What
- The Bombay High Court dismissed Gandhi’s petition seeking to quash 2019 summons in a criminal defamation complaint.
- Where
- The case is before the Bombay High Court and the Girgaon Metropolitan Magistrate Court; the remarks were made during a speech in Rajasthan.
- When
- The disputed remarks were made in 2018; the summons followed an August 28, 2019 magistrate’s order, and the High Court ruled on a Tuesday.
- Why
- Shrishrimal alleged that Gandhi’s remarks defamed Modi, BJP members, and people connected to the Prime Minister, while Gandhi challenged the complaint’s validity.
Rahul Gandhi’s Position
Complainant’s Position
Legal standing
Rahul Gandhi’s Position
Gandhi’s lawyers argued that the complaint was frivolous and that Shrishrimal was not an aggrieved party or legally entitled to file it.
Complainant’s Position
Shrishrimal argued that, as a BJP member, he was affected by remarks directed at the party’s prominent leader.
Meaning of the remarks
Rahul Gandhi’s Position
Gandhi’s petition treated the remarks as political criticism of Modi concerning the Rafale deal.
Complainant’s Position
Shrishrimal alleged that the remarks amounted to allegations of theft against Modi, BJP members, and Indian citizens connected to him.
Need for further proceedings
Rahul Gandhi’s Position
Gandhi sought to overturn the magistrate’s order and stop the defamation proceedings.
Complainant’s Position
The complainant opposed further delay, while the High Court held that whether the remarks were personal or affected BJP members should be determined at trial.
Key facts
- Court decision
- The Bombay High Court dismissed Gandhi’s petition and refused to quash the summons.
- Judge
- Justice N. R. Borkar heard the petition.
- Remarks at issue
- The complaint cites Gandhi’s description of Modi as “commander-in-thief” and related remarks about a watchman being a thief.
- Subject of remarks
- The remarks concerned criticism of the Rafale fighter jet deal.
- Complainant
- M. H. Shrishrimal, described as an active Bharatiya Janata Party member since 2018.
- Original order
- A Girgaum magistrate issued process against Gandhi on August 28, 2019 under Section 500 of the Indian Penal Code.
- Current status
- The High Court continued its earlier direction deferring the magistrate’s hearing for six weeks, so Gandhi is not required to appear during that period.
Quotes
Justice N R Borkar
Bombay High Court judge who delivered the ruling
“I do not want to be the PM of the country, I want to be the country's watchman. And today a new voice is rising in the country. There is noise in the street, India's watchman is a thief.”
republicworld.com
“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.”
theprint.in
Sources
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