Bombay HC Upholds 2019 Summons to Rahul Gandhi in PM Modi Defamation Case

The Bombay High Court on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in 2019 in connection with a criminal defamation complaint filed over his remarks against Prime Minister Narendra Modi. The complaint stems from Gandhi's use of the phrase "commander-in-thief" while referring to the Prime Minister.

Justice N.R. Borkar, presiding over a single bench, dismissed Gandhi's petition challenging the magistrate court's order. The court stated it found no "perversity and illegality" in the lower court's decision and therefore saw no reason to interfere. "This court finds no infirmity in the order. Hence, the petition is dismissed," the bench observed.

However, the High Court extended its November 2021 directive, which had stayed the proceedings before the magistrate. This interim protection will remain in effect for six more weeks, providing Gandhi with a window to approach the Supreme Court against the current ruling.

The case originates from a complaint filed by M.H. Shrishrimal, who identifies as a member of the ruling BJP. The complaint was lodged in 2019 regarding a public speech Gandhi delivered in Rajasthan in September 2018, during which he allegedly made the remark against PM Modi in the context of the Rafale fighter jet deal. The complainant also cited a video posted on Gandhi's X (formerly Twitter) account that repeated the phrase.

Shrishrimal argued that these statements constituted a direct allegation of theft against the Prime Minister and, by extension, all BJP members and citizens associated with him. Gandhi's legal team, comprising advocates Sudeep Pasbola and Kushal Mor, had contended that the complaint was frivolous and that the complainant lacked the locus standi to file it, as he was not an aggrieved party. The High Court's dismissal of Gandhi's petition marks the latest development in this long-running legal matter.