Bombay HC extends relief to Rahul Gandhi in 2018 defamation case

The Bombay High Court on Monday extended the interim relief granted to Congress leader Rahul Gandhi from appearance before the magistrate till August 2 in a defamation case filed by a Bharatiya Janata Party (BJP) member for allegedly calling Prime Minister Narendra Modi ‘Commander In Thief’.

The Bombay High Court on Monday extended the interim relief granted to Congress leader Rahul Gandhi from appearance before the magistrate till August 2 in a defamation case filed by a Bharatiya Janata Party (BJP) member for allegedly calling Prime Minister Narendra Modi ‘Commander In Thief’.

A Single Bench of Justice S.V. Kotwal was hearing a petition filed by Mr. Gandhi challenging the summons issued to him by a magistrate court in the case. The Bench extended the interim relief to Mr Gandhi in November 2021 till August 2.

The complaint was filed by Mahesh Shrishrimal, 43, member of the BJP Maharashtra State Committee on September 20, 2018. It said, “in relation to The Rafale Aircraft deal, while addressing a public rally in Jaipur and Amethi, Mr. Gandhi defamed the Mr. Modi and BJP party members with the remark ‘chowkidar chor hain’ (guard is a thief) these derogatory remarks has defamed the image of PM at the national and international level. The said remarks and related news were broadcasted on various news channels, newspapers and social media causing serious defamation.”

The complainant also attached tweets by Mr. Gandhi on September 24 that read, “the sad truth about India’s Commander in Thief. Modi ji ne kaha tha main desh ka PM nahin banna chahta hoon, main desh ke chowkidaar banna chahta hoon. Aur aaj desh ke dil mein, ek nayi awaaz utt rahi hain, gali gali mein shor hain, Hindustan ka chowkidaar chor hain.” (I dont want to be the country’s PM, I want to be a guard. But today in the country, people are saying - the guard is the country’s thief)

The Metropolitan Magistrate court had issued summons on August 28 and said, “whereas, your (Mr. Gandhi) attendance is necessary to answer to a charge of Section 500 (punishment for defamation) of the Indian Penal Code (IPC). You are hereby required to appear in person or by a pleader in the case before the metropolitan magistrate court on October 3, 2019.”

The order had said, “On perusal of the complaint, it appears that the complainant being a member of BJP has locus to file present complaint. The fact stated by complainant on oath reveals that the alleged defamation has caused not only of the PM but also its members too. The complainant has made out a prima facie case for issuance of process against the accused under Section 500 of the IPC.”