Rahul Gandhi Gets No Relief From Bombay High Court in ‘Commander-in-Thief’ Case Against PM Modi, But Court Gives Him 6 Weeks to…

Congress MP Rahul Gandhi suffered a legal setback on Tuesday after the Bombay High Court dismissed his petition seeking to quash a summons issued against him in a criminal defamation case over his controversial “commander-in-thief” remark directed at Prime Minister Narendra Modi.

A single bench of Justice N R Borkar declined to interfere with the magistrate court’s 2019 order initiating proceedings against Gandhi.

The High Court observed that it found no “perversity and illegality” in the lower court’s decision and consequently dismissed Gandhi’s petition.

“This court finds no infirmity in the order. Hence, the petition is dismissed,” the court ruled.

However, Gandhi has been given some breathing room before the proceedings resume.

Rahul Gandhi Gets Six Weeks to Approach Supreme Court

Although the Bombay High Court rejected Gandhi’s challenge, it extended an earlier protection granted to him for another six weeks.

Under that protection, the magistrate has been directed to defer proceedings in the case, giving the Leader of Opposition in the Lok Sabha time to challenge the High Court verdict before the Supreme Court.

The interim relief traces back to November 2021, when the High Court had directed the magistrate to postpone the hearing while Gandhi’s petition remained pending.

The order had also protected him from having to personally appear before the magistrate during that period.

What Is the ‘Commander-in-Thief’ Defamation Case?

The controversy dates back to September 2018, when Rahul Gandhi addressed a public gathering in Rajasthan and attacked Prime Minister Modi over the Rafale fighter jet deal.

During his political criticism, Gandhi referred to the Prime Minister as a “commander-in-thief.”

The remark subsequently became the subject of a defamation complaint filed by M H Shrishrimal, who identified himself as a member of the Bharatiya Janata Party (BJP).

According to the complaint, Gandhi also circulated the remark by sharing a video through his personal account on X, then known as Twitter.

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Shrishrimal alleged that Gandhi’s statements effectively levelled allegations of theft against BJP members and people associated with the Prime Minister.

Magistrate Issued Summons in 2019

Following the complaint, a Girgaum magistrate court passed an order on August 28, 2019, initiating process against Rahul Gandhi.

Gandhi subsequently approached the Bombay High Court seeking to have the summons and proceedings against him quashed.

His legal team argued that the complaint itself was not maintainable.

What Rahul Gandhi’s Lawyers Argued

Appearing for Gandhi, senior counsel Sudeep Pasbola and advocate Kushal Mor argued that the complaint was frivolous and that the complainant did not have the necessary locus standi, or legal standing, to pursue the case.

Their central argument was that Shrishrimal was not personally an “aggrieved” party in relation to Gandhi’s alleged remarks and therefore could not maintain the defamation complaint.

The complainant opposed Gandhi’s plea and sought continuation of the proceedings before the magistrate.

After considering the arguments, the High Court ultimately concluded that there was no sufficient ground to interfere with the magistrate’s order.

What Happens Next?

The dismissal means that the underlying defamation proceedings against Rahul Gandhi have not been quashed.

However, the continuation of the High Court’s interim protection for six weeks means the magistrate proceedings will remain deferred during that period, allowing Gandhi an opportunity to approach the Supreme Court.

The dispute now leaves the Congress leader with the option of challenging the Bombay High Court’s decision before the country’s top court.

Until then, the 2019 summons remains intact, marking another important development in the long-running legal battle stemming from Gandhi’s 2018 political remarks against Prime Minister Narendra Modi.