SC stays defamation case proceedings against Rahul Gandhi

New Delhi, Jan 20 (FN Agency) The Supreme Court on Monday stayed the trial court proceedings in a criminal defamation case filed against Congress MP and Leader of Opposition Rahul Gandhi. The case stemmed from Gandhi’s alleged remarks labelling Bharatiya Janata Party (BJP) members as “liars” and “drunk with power” and referring to Union Home Minister Amit Shah as a “murder-accused.” A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued the interim order while hearing Rahul Gandhi’s Special Leave Petition (SLP) challenging a Jharkhand High Court judgment that dismissed his plea to quash the defamation case. Senior Advocate Dr. Abhishek Manu Singhvi, representing Gandhi, argued that a criminal defamation complaint can only be filed by the aggrieved person and not by a proxy third party. On the other hand, Senior Advocate Mahesh Jethmalani appeared on behalf of the complainant, BJP worker Navin Jha. Jha filed the complaint alleging that Gandhi, during the AICC Plenary Session on March 18, 2018, made defamatory remarks against BJP leaders, including Amit Shah, the BJP national president.Initially, a Ranchi Magistrate Court dismissed Jha’s complaint. However, upon filing a Criminal Revision Petition, the Judicial Commissioner, Ranchi, overturned the dismissal and directed the Magistrate to re-appreciate the evidence.

Following this directive, the Magistrate found prima facie evidence against Gandhi under Section 500 of the Indian Penal Code (IPC) and summoned him for appearance. Challenging these orders, Gandhi argued that Jha lacked the legal standing (locus standi) to file the case and that Section 199 of the Code of Criminal Procedure (CrPC), which governs defamation cases, had not been adhered to. The Jharkhand High Court, however, held that Jha, as a BJP worker, had the locus standi to file the complaint. It observed, “Prima facie, a case under Sections 499/500 of the IPC is made out against the petitioner Rahul Gandhi for imputing the Bharatiya Janata Party leadership as liars and drunk with power.” The High Court further noted that Gandhi’s remarks suggested BJP workers would accept a murder accused as their leader, which, it said, was prima facie defamatory. It also upheld the legality of the Magistrate’s and Judicial Commissioner’s decisions, concluding that a prima facie case existed against Gandhi. The Supreme Court’s stay order has temporarily halted the proceedings, providing relief to Gandhi while the case undergoes further examination.