The Bombay excessive court docket on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in 2019 in a defamation criticism over his remarks towards Prime Minister Narendra Modi, whom he had referred to as a “commander-in-thief”.
A single bench of Justice N R Borkar dismissed Gandhi’s petition towards the Justice of the Peace court docket’s order.
The HC, nevertheless, continued its 2021 order directing the Justice of the Peace to defer listening to on the criticism for six weeks in order that Gandhi can strategy the Supreme Courtroom in attraction.
Justice Borkar stated the court docket didn’t discover any “perversity and illegality” within the Justice of the Peace’s order and therefore no purpose to intrude.
“This court docket finds no infirmity within the order. Therefore, the petition is dismissed,” the HC stated.
Gandhi, Chief of Opposition within the Lok Sabha, had challenged a Girgaum Justice of the Peace’s order of August 28, 2019 for a course of towards him on a criticism filed by one M H Shrishrimal, who claimed to be a member of the ruling BJP.
The defamation criticism towards the Congress chief had been filed for Gandhi’s “commander-in-thief” comment towards PM Modi in 2018 over the Rafale fighter jet deal.
The HC in November 2021 directed the Justice of the Peace to defer the listening to on the defamation criticism, which meant the Congress chief wouldn’t be required to look earlier than the Justice of the Peace.
The criticism had alleged that Gandhi defamed PM Modi in a public speech in September 2018 in Rajasthan.
Gandhi’s counsel Sudeep Pasbola and advocate Kushal Mor argued that the criticism was frivolous and the complainant had no locus standi to file it.
The complainant was not an aggrieved celebration and therefore can not file such a criticism, they’d submitted.
Shrishrimal in his criticism alleged that aside from the remarks in the course of the rally towards PM Modi, Gandhi had additionally posted a video on his private X (previously Twitter) account and referred to the prime minister as “commander-in-thief”.
In accordance with the complainant, these statements amounted to direct allegations of theft towards all members of BJP and Indian residents related to PM Modi.
Shrishrimal had opposed Gandhi’s plea within the HC.