Advertisment

SC Stays Criminal Defamation Case Against Rahul Gandhi Over Remarks on Amit Shah

A bench comprising Justices Vikram Nath and Sandeep Mehta heard Gandhi’s special leave petition (SLP) on Monday, challenging the Jharkhand High Court’s refusal to quash the defamation proceedings.

author-image
Pratidin Time
New Update
Rahul Gandhi

SC Stays Criminal Defamation Case Against Rahul Gandhi Over Remarks on Amit Shah

The Supreme Court has temporarily halted criminal proceedings against Congress leader Rahul Gandhi in a defamation case filed by BJP worker Navin Jha. The case stems from Gandhi’s alleged remarks against Union Home Minister Amit Shah and the Bharatiya Janata Party (BJP) during a public address in Jharkhand ahead of the 2019 Lok Sabha elections.

Advertisment

A bench comprising Justices Vikram Nath and Sandeep Mehta heard Gandhi’s special leave petition (SLP) on Monday, challenging the Jharkhand High Court’s refusal to quash the defamation proceedings. The case originated from a speech delivered by Gandhi in Chaibasa, where he allegedly referred to Amit Shah as a “murderer.”

Legal Proceedings So Far

Navin Jha, a BJP worker, filed a complaint in 2019, prompting legal action. Initially, a Ranchi magistrate court dismissed the complaint, leading Jha to file a revision petition before the Judicial Commissioner in Ranchi. On September 15, 2018, the Judicial Commissioner overturned the dismissal, directing the magistrate to reassess the evidence. Subsequently, the magistrate found prima facie grounds for defamation under Section 500 of the Indian Penal Code (IPC) and issued a summons for Gandhi’s appearance.

Gandhi challenged this order in the Jharkhand High Court, but Justice Ambuj Nath rejected his plea, observing that his remarks were "prima facie defamatory" under Section 499 of the IPC. The court noted that statements regarding BJP leaders and their acceptance of a murder accused as party president could be deemed defamatory.

Supreme Court’s Interim Relief

During the hearing, senior advocate Abhishek Manu Singhvi, representing Gandhi, contended that a criminal defamation case can only be filed by the aggrieved person, not a third party. Taking note of the argument, the Supreme Court granted a four-week period for Navin Jha and the Jharkhand government to respond, effectively staying the proceedings for now.

Rahul Gandhi Supreme Court defamation case