The Bombay High Court on Tuesday dismissed a petition filed by Congress leader Rahul Gandhi seeking to quash a criminal defamation complaint over his remarks against the Prime Minister Narendra Modi.
The case stems from a complaint lodged by a local BJP worker who alleged that Rahul Gandhi’s remarks labeling the Prime Minister as “Choro Ke Sardar” and “Commander-in-Chief” defamed both the Prime Minister and members of the ruling party.
Rahul Gandhi’s legal team had argued that the comments did not name the BJP or an identifiable class of people, meaning the complainant lacked the legal standing to file the case.
The prosecution and the complainant countered that the remarks targeted a definite group, allowing an aggrieved individual to initiate proceedings.
However, during the arguments, Justice Nitin Borkar rejected Rahul’s Gandhi’s argument saying the BJP is definitely an identifiable body as it is registered as a national political party.
“Case of the complainant that he has been active member of BJP for two decades. On a prima facie reading of the statement describing the PM, who is member of BJP as a commander in theif therefore at this stage, it cannot be said that the impugned comment is limited only to the senior leadership of the party. Whether the imputation was in substance and what impact it will have on members of the party will have to be considered at the stage of trial. Therefore, this court finds no illegality in the order passed by the Ld Magistrate,” Live Law quoted from the judge’s observation.
With the High Court refusing to quash the proceedings, the criminal defamation case against the senior opposition leader will move forward.
While quashing Rahul Gandhi’s plea, the high court relied Shashi Tharoor’s Delhi High Court ruling which held that a political party, by virtue of its registration, constitutes an identifiable body. The judge had reserved the matter for orders in February this year after hearing submissions from the complainant, Rahul Gandhi, and the Maharashtra government on Gandhi’s plea.
Nakshab Khan is a senior journalist with nearly two decades of experience in Indian media. Beginning his career in 2007, he has worked with leading news organisations, including Times Now, News18, TV9 Network, IANS, Zee Media, UNI TV. He is currently associated with NewsX Digital as a Deputy Editor.
Over the years, Nakshab has extensively covered politics, international affairs, crime, and public policy. He has special interest in global affairs, with a strong focus on West Asian affairs. He can be reached at nakshab.ali@gmail.com.
