Rahul Gandhi's Legal Battle Continues: Bombay HC Upholds Summons in Defamation Case

On Tuesday, the Bombay High Court declined to quash a plea against Leader of Opposition Rahul Gandhi concerning alleged defamatory remarks about Prime Minister Narendra Modi. This significant ruling means that the legal proceedings against Mr. Gandhi in this particular case will continue.

Justice N.R. Borkar, who presided over Mr. Gandhi's plea seeking to quash the Magistrate Court's order issuing summons, found “no infirmity” in the lower court's decision.

The High Court observed that this was

not a fit case for interference in exercise of inherent jurisdiction under Section 482 of the CrPC,

effectively upholding the order of the lower court and stating it found no “perversity and illegality” in it. The case originated from a criminal defamation complaint filed by local BJP member Mahesh Shrishrimal in a Girgaon court in Mumbai. This complaint was lodged in 2019, following remarks Mr.

Gandhi made during a rally in Jaipur, Rajasthan, on August 20, 2018. While refusing to quash the summons, Justice Borkar did grant Mr. Gandhi a six-week reprieve.

This period allows him to avoid immediate appearance before the Girgaon Metropolitan Magistrate Court and provides him time to challenge the High Court's ruling in the Supreme Court. In November 2021, the Bombay High Court had also directed the Magistrate Court to defer the hearing and exempted Mr. Gandhi from personal appearance.

During the recent hearing, Senior advocate Sudeep Pasbola, representing Mr. Gandhi, argued that the complaint was politically motivated. However, Mr.

Shrishrimal's lawyer, Rohan Mahadik, countered that a prima facie case had been established against Mr.

Gandhi with sufficient evidence, and the original order was passed based on these evidences. This ongoing legal tussle underscores the intense political scrutiny and legal challenges faced by prominent figures in Indian politics.

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