Bombay HC defers hearing on defamation suit against Rahul Gandhi

During an election rally in 2019, Rahul Gandhi made a snide remark at Prime Minister Narendra Modi, prompting a BJP worker to lodge a complaint of defamation against the Congress leader.

The Bombay high court on Monday directed the metropolitan magistrate's court to defer the hearing on criminal defamation suit filed by a Bharatiya Janata Party worker against Congress leader Rahul Gandhi beyond December 20.

A metropolitan magistrate's court in Mumbai issued process in the defamation case against Congress leader Rahul Gandhi in 2019. (File photo)

Rahul Gandhi Gandhi had moved the Bombay high court seeking quashing of the criminal complaint filed against him for a statement he allegedly made at an election rally in 2018.

A single bench court of Justice SK Shinde passed the order in Gandhi's petition under Section 482 of the Code of Criminal Procedure.

During an election rally in 2018, Rahul Gandhi took a jibe at Prime Minister Narendra Modi to say “chowkidar chor hain” (watchman is the thief), prompting a purported member of the BJP to lodge a complaint of defamation against the Congress leader. Taking cognisance of the complaint, a metropolitan magistrate's court issued the process in the case against Gandhi in 2019.

Shrishrimal alleged that Gandhi made a “defamatory statement” against Modi at a rally in Rajasthan in September 2018, leading to the Prime Minister being “trolled” by various news channels and on social media platforms.

Earlier in the day, Shrishrimal sought time his advocate to file a reply to Gandhi’s petition. The lawyers representing Rahul Gandhi said he has been directed to appear before the metropolitan magistrate’s court on November 25.

Gandhi filed a writ petition before the court, saying the complaint was “frivolous and vexatious” and was motivated by the “sole purpose of complainant’s latent political agenda”.

Gandhi further argued in his petition that when the subject matter is a question in the public domain and envisages a raging political debate and there are opinions on both sides, it would not fall under the category of defamation, according to a report at LiveLaw.

While adjourning the matter after giving time to the complainant to file a reply, the HC bench ordered that the proceedings before the trial court be deferred.