The Supreme Court on Tuesday stayed the trial in the criminal defamation case against Congress leader Rahul Gandhi over his alleged remarks describing Prime Minister Narendra Modi as a "commander-in-thief" during the Rafale fighter jet controversy.
A bench of Justices Vikram Nath and Aparesh Kumar Singh passed the interim order while hearing Gandhi's appeal against a September 8 Bombay High Court decision that had refused to quash the proceedings.
What the court ordered
Issuing notice to the Maharashtra government and the complainant, the bench directed that "further proceedings before the trial court shall remain stayed" and posted the matter for hearing after four weeks. Senior advocate Abhishek Manu Singhvi appeared for Gandhi and argued that the proceedings were not maintainable.
The court sought replies from the Maharashtra government and the complainant, BJP member Mahesh Shrishrimal, within four weeks. The stay is an interim measure and is not a final ruling on the allegations or the maintainability of the complaint.
Background of the case
The complaint traces back to two sets of remarks allegedly made by Gandhi in September 2018. Shrishrimal objected to Gandhi's use of the phrase "Hindustan ka chowkidar chor hai" at a rally in Rajasthan on September 20, 2018, and to a subsequent social media post in which he allegedly called the Prime Minister "Commander in Thief."
Shrishrimal alleged that the remarks imputed theft not only to Modi but also to BJP members and others associated with him, and sought Gandhi's prosecution for criminal defamation under Section 500 of the Indian Penal Code. Proceedings were initiated by a Mumbai magistrate's court in 2019, after which Gandhi moved the Bombay High Court in November 2021 denying the allegations and seeking quashing.
Why the High Court declined to intervene
A single bench of Justice N.R. Borkar rejected Gandhi's contention that the BJP was not an identifiable body for the purposes of the complaint. The High Court held that, on a prima facie reading, the alleged remarks described the Prime Minister as having engaged in theft while being the "Commander of Thieves," and that at the threshold stage it could not be said the imputation did not extend to those clearly identified with the party and its leadership.
The High Court further said whether the remarks affected only the Prime Minister or also other BJP members was a question of evidence for the trial court to decide, and found no "manifest illegality" warranting interference.
Sources: The Hindu — Supreme Court stays defamation case proceedings against Rahul Gandhi over 2018 remarks against PM Indian Express — PM jibe: Supreme Court stays defamation trial against Rahul Gandhi
A bench of Justices Vikram Nath and Aparesh Kumar Singh passed the interim order while hearing Gandhi's appeal against a September 8 Bombay High Court decision that had refused to quash the proceedings.
What the court ordered
Issuing notice to the Maharashtra government and the complainant, the bench directed that "further proceedings before the trial court shall remain stayed" and posted the matter for hearing after four weeks. Senior advocate Abhishek Manu Singhvi appeared for Gandhi and argued that the proceedings were not maintainable.
The court sought replies from the Maharashtra government and the complainant, BJP member Mahesh Shrishrimal, within four weeks. The stay is an interim measure and is not a final ruling on the allegations or the maintainability of the complaint.
Background of the case
The complaint traces back to two sets of remarks allegedly made by Gandhi in September 2018. Shrishrimal objected to Gandhi's use of the phrase "Hindustan ka chowkidar chor hai" at a rally in Rajasthan on September 20, 2018, and to a subsequent social media post in which he allegedly called the Prime Minister "Commander in Thief."
Shrishrimal alleged that the remarks imputed theft not only to Modi but also to BJP members and others associated with him, and sought Gandhi's prosecution for criminal defamation under Section 500 of the Indian Penal Code. Proceedings were initiated by a Mumbai magistrate's court in 2019, after which Gandhi moved the Bombay High Court in November 2021 denying the allegations and seeking quashing.
Why the High Court declined to intervene
A single bench of Justice N.R. Borkar rejected Gandhi's contention that the BJP was not an identifiable body for the purposes of the complaint. The High Court held that, on a prima facie reading, the alleged remarks described the Prime Minister as having engaged in theft while being the "Commander of Thieves," and that at the threshold stage it could not be said the imputation did not extend to those clearly identified with the party and its leadership.
The High Court further said whether the remarks affected only the Prime Minister or also other BJP members was a question of evidence for the trial court to decide, and found no "manifest illegality" warranting interference.
Sources: The Hindu — Supreme Court stays defamation case proceedings against Rahul Gandhi over 2018 remarks against PM Indian Express — PM jibe: Supreme Court stays defamation trial against Rahul Gandhi
