SC stays defamation proceedings against Rahul Gandhi over 2018 remarks against PM Modi

Supreme Court agrees to examine Bombay high court's order refusing to quash 2019 summons to Rahul Gandhi in defamation case over his remarks against PM Modi. 

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The Supreme Court on Tuesday stayed criminal defamation proceedings against Leader of Opposition in Lok Sabha Rahul Gandhi on his 2019 comments calling Prime Minister Narendra Modi “Chowkidar Chor hai”.

The trial is pending in a Mumbai court.

The Supreme Court agreed to examine Bombay high court's order issued in September refusing to quash 2019 summons to Rahul Gandhi in the defamation case over his remarks against PM Modi. The Bombay high court had dismissed Gandhi’s plea challenging a 2019 Girgaon magistrate court order that had initiated proceedings against him.

“Being a registered national political party, the BJP is definitely an identifiable body. On prima facie reading of the statement, describing the PM, who is a member of the BJP, as a “commander in thief”, cannot be said to be limited only to the senior leadership of the party. Whether the imputation was in substance and what impact it will have on members of the party will have to be considered at the stage of trial,” Justice NR Borkar had said while upholding the magisterial court order.

The case stems from a private complaint filed by BJP member Mahesh Shrishrimal in 2018. He alleged that Gandhi made defamatory remarks against PM Modi during a public rally in Rajasthan on September 20 that year, including the statement, “Hindustan ka chowkidar chor hai”.

The BJP member also alleged that Gandhi, while commenting on a video posted on his personal “X” account (formerly Twitter) on September 24, 2018, referred to Modi as “Commander in Thief”. He claimed that the remarks amounted to allegations of theft against Modi as well as BJP members and other Indian citizens associated with him.

The Girgaon magistrate court initiated proceedings against Gandhi in 2019, following which he approached the high court. His petition, filed in November 2021, denied the allegations and sought quashing of the proceedings.

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