Mumbai, Sep 8 The Bombay High Court on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in 2019 by a magistrate court in a complaint over his alleged defamatory comments against Prime Minister Narendra Modi.
A single bench of Justice N R Borkar dismissed Gandhi's petition against the magistrate court's order, but extended by six weeks an earlier directive to the lower court to defer hearing on the defamation plaint.
Gandhi, the Leader of Opposition in the Lok Sabha, sought the extension so that he can file an appeal in the Supreme Court.
The direction to defer the hearing on the defamation complaint meant that Gandhi would not be required to appear before the magistrate.
Justice Borkar said it did not find any "perversity and illegality" in the magistrate's order and hence no reason to interfere.
"This court finds no infirmity in the order. Hence, the petition is dismissed," the HC said.
The complainant, M H Shrishrimal, had opposed Gandhi's plea in the High Court, claiming that being a member of BJP, he too was aggrieved by the remarks made against his leader.
The court refused to accept Gandhi's contention that the complainant was not an aggrieved party as the remarks were against a person and not the political party.
BJP is a "determinate body with a class of members", and complainant Shrishrimal is an active member of the party since 2018, Justice Borkar 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," the court said.
The court added that whether the remarks made by Gandhi were of a personal nature intended against PM Modi alone could be determined only during the trial after examination of evidence and witness statements.
After the court passed its order, Gandhi's counsel Sudeep Pasbola urged it to extend the interim order passed in 2021 for eight weeks so that the Congress leader could appeal in the apex court.
Shrishrimal's lawyer, however, opposed this and said the trial in the case has been at a standstill since 2021.
Justice Borkar continued the interim order for six weeks.
Gandhi had challenged a Girgaum magistrate's order of August 28, 2019, for a process against him on Shrishrimal's complaint.
The complaint had alleged that Gandhi defamed PM Modi in a public speech on September 20, 2018, in Rajasthan.
Shrishrimal, in his complaint, alleged that apart from the remarks during the rally against PM Modi, Gandhi, on September 24, 2018, also posted a video on his personal X (formerly Twitter) account and repeated the same defamatory remarks.
The complainant claimed these statements amounted to direct allegations against all members of the BJP and Indian citizens connected to PM Modi.
Gandhi's counsel Pasbola and advocate Kushal Mor argued that the complaint was frivolous and the complainant had no locus standi to file it.
The complainant was not an aggrieved party and hence cannot file such a complaint, they had submitted.
Mumbai, Sep 8 The Bombay High Court on Tuesday refused to quash 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 N R Borkar dismissed Gandhi's petition against the magistrate court's order.
The HC, however, continued its 2021 order directing the magistrate to defer hearing on the complaint for six weeks so that Gandhi can approach the Supreme Court in appeal.
Justice Borkar said the court did not find any "perversity and illegality" in the magistrate's order and hence no reason to interfere.
"This court finds no infirmity in the order. Hence, the petition is dismissed," the HC said.
Gandhi, Leader of Opposition in the Lok Sabha, had challenged a Girgaum magistrate's order of August 28, 2019 for a process against him on a complaint filed by one M H Shrishrimal, who claimed to be a member of the ruling BJP.
The defamation complaint against the Congress leader had been filed for Gandhi's "commander-in-thief" remark against PM Modi in 2018 over the Rafale fighter jet deal.
The HC in November 2021 directed the magistrate to defer the hearing on the defamation complaint, which meant the Congress leader would not be required to appear before the magistrate.
The complaint had alleged that Gandhi defamed PM Modi in a public speech in September 2018 in Rajasthan.
Gandhi's counsel Sudeep Pasbola and advocate Kushal Mor argued that the complaint was frivolous and the complainant had no locus standi to file it.
The complainant was not an aggrieved party and hence cannot file such a complaint, they had submitted.
Shrishrimal in his complaint alleged that apart from the remarks during the rally against PM Modi, Gandhi had also posted a video on his personal X (formerly Twitter) account and referred to the prime minister as "commander-in-thief".
According to the complainant, these statements amounted to direct allegations of theft against all members of BJP and Indian citizens connected to PM Modi.
Shrishrimal had opposed Gandhi's plea in the HC.
