Archive · 8 Sep 2026
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 is about words Gandhi used about Prime Minister Narendra Modi in 2018.
Gandhi was criticizing the Rafale fighter jet deal and used the phrase “commander-in-thief.”
A BJP member named M. H. Shrishrimal filed the complaint.
Gandhi’s lawyers said Shrishrimal was not directly harmed and therefore should not have been able to file the case.
The High Court disagreed and said the lower court’s order did not contain a serious legal mistake.
It said a trial must decide whether the comments targeted Modi personally or also affected BJP members.
The lower-court proceedings will remain paused for six weeks while Gandhi considers approaching the Supreme Court.
The Bombay High Court refused to quash 2019 summons issued to Rahul Gandhi in a criminal defamation complaint concerning remarks about Narendra Modi.
Justice N. R. Borkar found no “perversity and illegality” or other infirmity in the magistrate’s order initiating proceedings under Section 500 of the Indian Penal Code.
The complaint concerns Gandhi’s 2018 Rajasthan remarks, including the phrase “commander-in-thief,” made while criticizing the Rafale fighter jet deal.
Gandhi’s lawyers argued that the complaint was frivolous and that BJP member M. H. Shrishrimal lacked standing as he was not personally aggrieved.
The High Court continued its stay on magistrate proceedings for six weeks, allowing Gandhi time to seek an appeal in the Supreme Court.
- Who
- Rahul Gandhi, Narendra Modi, and BJP member M. H. Shrishrimal are central to the case.
- What
- The Bombay High Court dismissed Gandhi’s petition seeking to quash 2019 summons and criminal defamation proceedings.
- When
- The disputed remarks were made in 2018, the magistrate issued the summons on August 28, 2019, and the High Court ruled on a Tuesday.
- Where
- The proceedings involve the Bombay High Court and the Girgaon Metropolitan Magistrate Court; the disputed remarks were made during a speech in Rajasthan.
- Why
- Shrishrimal alleged that Gandhi’s remarks defamed Modi and affected BJP members, while Gandhi challenged the complaint’s validity and Shrishrimal’s standing.
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 he was affected as a BJP member because the remarks targeted the party’s prominent leader.
Meaning and reach of remarks
Rahul Gandhi’s Position
Gandhi’s petition treated the comments as political criticism directed at Modi in connection with the Rafale deal.
Complainant’s Position
Shrishrimal alleged that the comments amounted to allegations of theft against Modi, BJP members, and people connected to the Prime Minister.
Further proceedings
Rahul Gandhi’s Position
Gandhi sought to overturn the magistrate’s order and pause the defamation case while pursuing an appeal.
Complainant’s Position
Shrishrimal opposed further delay, while the High Court held that the remarks’ personal or broader impact should be determined at trial.
- 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 “commander-in-thief” remark and related allegations that the country’s watchman was a thief.
- Context
- The remarks concerned criticism of the Rafale fighter jet deal.
- Complainant
- M. H. Shrishrimal, also identified in reports as Mahesh Shrishrimal, described himself as a BJP member.
- Original order
- A Girgaon magistrate issued process against Gandhi on August 28, 2019, under Section 500 of the Indian Penal Code.
- Proceedings status
- The High Court continued its earlier direction deferring the magistrate’s hearing for six weeks, so Gandhi would not be required to appear during that period.
Sources
Bombay High Court refuses to quash defamation case against Rahul over PM jibe
Complaint for remarks against PM Modi: HC refuses to quash 2019 summons to Rahul Gandhi
Rahul Gandhi’s PM Modi ‘commander-in-thief’ remark: Bombay HC refuses to quash 2019 defamation summons
