Law & Justice

Bombay High Court Upholds 2019 Defamation Summons Against Rahul Gandhi Over 'Commander-in-Thief' Remark

By PTI

The Bombay High Court on Tuesday declined to quash a 2019 summons issued to Congress MP Rahul Gandhi in a defamation case linked to his remarks against Prime Minister Narendra Modi, whom he had referred to as "commander-in-thief." A single bench of Justice N R Borkar dismissed Gandhi's petition challenging the magistrate court's order, stating that no "perversity and illegality" was found in the ruling that would warrant judicial interference. The court, however, upheld its earlier 2021 direction instructing the magistrate to defer proceedings for six weeks, allowing Gandhi time to appeal to the Supreme Court. Gandhi, who serves as Leader of Opposition in the Lok Sabha, had contested an August 28, 2019 order by a Girgaum magistrate initiating legal process against him based on a complaint filed by M H Shrishrimal, a self-identified member of the BJP. The defamation complaint stemmed from a 2018 speech in which Gandhi used the term "commander-in-thief" while criticizing PM Modi over the Rafale fighter jet deal. In November 2021, the High Court had ordered the magistrate to pause proceedings, effectively excusing Gandhi from appearing in court during that period. According to the complaint, Gandhi made the defamatory remarks during a public rally in Rajasthan in September 2018 and later shared a video reiterating the phrase on his personal X (formerly Twitter) account. Shrishrimal contended that these statements implied accusations of theft against BJP members and Indian citizens associated with the prime minister. Representing Gandhi, advocates Sudeep Pasbola and Kushal Mor argued that the complaint lacked merit, asserting that Shrishrimal was not an aggrieved party and therefore had no legal standing to file it. Shrishrimal, for his part, had opposed Gandhi's petition before the High Court.