New Delhi:
In a significant development, the Supreme Court of India has temporarily halted the defamation proceedings against Congress leader Rahul Gandhi, stemming from remarks he made against Union Minister Amit Shah in 2018. This decision marks a pivotal turn in a legal battle that has been ongoing for several years.
The case, which originated from a public speech Gandhi delivered during the 2019 Lok Sabha elections in Chaibasa, Jharkhand, involved allegations of derogatory comments against Amit Shah, who was then the president of the Bharatiya Janata Party (BJP). Gandhi’s remarks, which included referring to Shah as a “murderer,” sparked a legal challenge that has now reached the apex court.
A bench comprising Justices Vikram Nath and Sandeep Mehta issued a stay order on the proceedings, also directing the Jharkhand government and Navin Jha, the BJP worker who filed the complaint, to submit their responses within four weeks. This interim order effectively puts the lower court proceedings on hold.
Senior Advocate Abhishek Manu Singhvi, representing Gandhi, argued that only the aggrieved person can file a criminal defamation complaint, and not a proxy third party. This argument is central to Gandhi’s plea to quash the defamation case, which is currently being heard by a court in Jharkhand.
The legal saga began in 2018 when Jha filed a complaint against Gandhi, leading to the initiation of legal proceedings. Despite an initial dismissal by a magistrate court in Ranchi, the Judicial Commissioner later overturned this decision, prompting the magistrate to review the evidence and issue a fresh order. The magistrate subsequently found sufficient evidence to establish a prima facie case of defamation against Gandhi under Section 500 of the Indian Penal Code.
Gandhi had approached the Jharkhand High Court to quash the case, but the high court refused to interfere, stating that his remarks were “prima facie defamatory” under Section 499 of the IPC. The high court’s decision led to a non-bailable warrant being issued against Gandhi, which was later stayed by the high court itself.
The magisterial court had found merit in the case and ordered Gandhi to appear for trial in 2023, but the high court intervened, staying the magistrate’s notice and ordering that no coercive steps be taken against the Congress leader.
With the Supreme Court’s latest order, the proceedings against Gandhi are now on hold, pending the responses from the Jharkhand government and the complainant. The matter is set to be taken up again after six weeks, marking a significant relief for Gandhi in this ongoing legal battle.
