The Bombay High Court on Tuesday rejected Congress leader Rahul Gandhi’s plea seeking to quash summons issued against him in a criminal defamation case linked to his remarks about Prime Minister Narendra Modi during the Rafale controversy.
A single bench of Justice N R Borkar found no apparent illegality or serious irregularity in the August 28, 2019 order of the Girgaum magistrate that initiated proceedings against Gandhi. The court therefore declined to interfere with the case.
However, the High Court continued its earlier direction deferring proceedings before the magistrate for six weeks, allowing Gandhi time to approach the Supreme Court against Tuesday’s ruling. This means the immediate proceedings will remain on hold during that period.
What is the defamation case against Rahul Gandhi?
The complaint was filed by M H Shrishrimal, who identified himself as a BJP worker. The case relates to remarks Gandhi made during a political rally in Rajasthan in 2018 while attacking the Narendra Modi government over the Rafale fighter-jet deal.
According to the complaint, Gandhi used expressions including “Chowkidar Chor Hai”, “Choro Ke Sardar” and “Commander-in-Thief” while referring to Modi. The complainant alleged that the remarks not only targeted the Prime Minister but also affected the reputation of BJP members and supporters.
The magistrate subsequently issued process against Gandhi on August 28, 2019.
Gandhi challenged maintainability of complaint
Gandhi’s lawyers, Sudeep Pasbola and Kushal Mor, argued before the High Court that the complaint was not legally maintainable.
Their central argument was that Gandhi’s remarks were directed at the Prime Minister and did not specifically name the BJP or its members. They contended that Shrishrimal could not claim to be an aggrieved person merely by interpreting the remarks as an attack on BJP workers.
The prosecution side opposed the plea and argued that a clearly identifiable group can, under the law, form the basis of a defamation complaint when the alleged statement affects that group.
Court refuses to stop proceedings at this stage
The High Court did not accept Gandhi’s request to terminate the case at the threshold.
Justice Borkar held that there was no manifest illegality or perversity in the magistrate’s order warranting interference under the court’s inherent jurisdiction. The detailed order was not immediately available when the judgment was reported.
The ruling does not amount to a finding that Gandhi is guilty of defamation. It only means that the High Court has declined to quash the criminal proceedings at this stage.
Six-week relief for Supreme Court challenge
Although Gandhi’s petition was dismissed, the court provided him temporary procedural relief.
The magistrate-level proceedings will remain deferred for six weeks, giving Gandhi an opportunity to challenge the High Court ruling before the Supreme Court. Reports said his lawyers had sought this time specifically for filing an appeal.
As a result, Gandhi will not immediately have to appear before the magistrate in connection with the complaint during the six-week period.
Other defamation cases involving Gandhi
The Congress leader has faced several defamation proceedings over political statements.
One prominent case involved his “Modi surname” remark. In 2023, a Surat court sentenced him to two years in prison in a criminal defamation case filed by BJP MLA Purnesh Modi. The Supreme Court subsequently stayed the conviction.
Other cases have involved remarks concerning former BJP president Amit Shah and Vinayak Damodar Savarkar. Their legal status and proceedings are separate from the present Bombay High Court case.
The latest ruling adds another legal development to the long-running political dispute between Gandhi and the BJP over statements made during the 2019 Lok Sabha election campaign.
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