Daijiworld Media Network - Mumbai

Mumbai, Sep 8: The Bombay High Court on Tuesday refused to quash summons issued to Congress MP and Leader of Opposition in the Lok Sabha Rahul Gandhi in a 2019 defamation case 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 challenging the magistrate court’s order, but continued its 2021 direction to defer proceedings in the complaint for six weeks, allowing Gandhi to approach the Supreme Court in appeal.

Justice Borkar said the court found no “perversity and illegality” in the magistrate’s order and saw no grounds for interference.

“This court finds no infirmity in the order. Hence, the petition is dismissed,” the court said.

Gandhi had challenged an August 28, 2019 order of a Girgaum magistrate issuing process against him on a complaint filed by M H Shrishrimal, who claimed to be a BJP member.

The defamation complaint relates to Gandhi’s “commander-in-thief” remark against Modi in 2018 in connection with the Rafale fighter jet deal. The complaint alleged that Gandhi made the remarks during a public rally in Rajasthan in September 2018 and later repeated them in a video posted on his personal X account, formerly known as Twitter.

In November 2021, the High Court had directed the magistrate to defer proceedings in the complaint, meaning Gandhi was not required to appear before the lower court.

Gandhi’s lawyers, Sudeep Pasbola and Kushal Mor, argued that the complaint was frivolous and that Shrishrimal had no locus standi to initiate the proceedings. They submitted that Shrishrimal was not an aggrieved party and therefore could not maintain the complaint.

Shrishrimal, however, alleged that Gandhi’s statements amounted to direct accusations of theft against BJP members and Indian citizens associated with Modi. He opposed Gandhi’s plea before the High Court.