Bombay HC rejects Rahul Gandhi's plea in defamation case over PM remark

The Bombay HC rejected Rahul Gandhi's plea challenging a defamation complaint over his 'watchman is a thief' remark against PM Modi. The court found no illegality in the lower court's summons, paving the way for proceedings to resume in Mumbai.

The Bombay High Court on Tuesday rejected the plea filed by Leader of Opposition in the Lok Sabha, Rahul Gandhi, challenging a criminal defamation complaint over his alleged remarks against Prime Minister Narendra Modi.

Upholding the lower court's decision, a single bench of Justice N R Borkar stated that it found no "perversity and illegality" in the order issued by the magistrate. Consequently, the criminal defamation proceedings against the Congress leader will move forward in the Girgaon Metropolitan Magistrate Court, requiring his personal appearance.

Case Background

The legal matter stems from 2019, when the Girgaon Metropolitan Magistrate issued summons to Gandhi after concluding that a prima facie case of criminal defamation was established against him under Section 500 of the Indian Penal Code (IPC). Gandhi subsequently moved the High Court to quash the proceedings.

The complainant opposed Gandhi's petition before the High Court. Earlier in November 2021, the High Court had granted interim relief to the Congress leader by directing the magistrate court to defer the hearing, thereby exempting Gandhi from personal appearance until a final decision was reached on his petition.

The Defamation Complaint

The complaint was initiated by local BJP member Mahesh Shrishrimal before the Girgaon court, alleging that the Congress leader made derogatory comments against PM Modi during a rally in Jaipur, Rajasthan, on August 20, 2018, which was broadcast on national television.

According to Shrishrimal, Gandhi targeted the Prime Minister during the address, stating: "I do not want to be the PM of the country, I want to be the country's watchman. And today a new voice is rising in the country. There is noise in the street, India's watchman is a thief." In his petition, the BJP worker asserted that Gandhi's remarks were not only defamatory toward the Prime Minister but also inflicted damage on the reputation of BJP workers at large. (ANI)

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