The Bombay High Court has reserved its judgment on a petition filed by Leader of Opposition Rahul Gandhi, who is seeking to quash a 2019 defamation case. The case stems from a 2018 rally in Rajasthan where Gandhi allegedly made derogatory remarks against Prime Minister Narendra Modi. The complaint, filed by BJP member Mahesh Shrishrimal, led to a magistrate court issuing summons to Gandhi, a move the Congress leader argues is legally unsustainable and politically motivated.
During the hearing before Justice N R Borkar, Gandhi’s counsel raised significant legal objections based on the Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC). They argued that under Section 199(2) of the CrPC, only a sessions court can take cognizance of defamation against a public servant regarding their public functions. Furthermore, they cited Section 499 of the IPC to contend that a political party does not constitute an “identifiable group” for defamation purposes, meaning Shrishrimal lacked the standing to file a complaint on behalf of the party or the Prime Minister.
On the other hand, the complainant, Mahesh Shrishrimal, maintained that the magistrate had rightfully issued the summons after reviewing the evidence and his deposition. He asserted his status as an “aggrieved person” due to his membership in the BJP Maharashtra Pradesh Committee, claiming the remarks caused Prime Minister Modi to be trolled across social media and news channels. With both sides having concluded their arguments, the High Court will now deliberate on whether the magistrate’s order should be set aside or if the proceedings against Gandhi will continue.
