SC stays defamation proceedings against Rahul Gandhi over 2019 remarks against PM Modi

On September 8, the Bombay High Court refused to quash the summons issued to Gandhi in 2019 in the defamation case.
Prime Minister Narendra Modi (R) and Congress leader and Lok Sabha LoP Rahul Gandhi (L).
Prime Minister Narendra Modi (R) and Congress leader and Lok Sabha LoP Rahul Gandhi (L).(File Photo | ANI)
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NEW DELHI: In a major relief to Senior Congress leader and Member of Parliament (MP) Rahul Gandhi, the Supreme Court on Tuesday stayed further proceedings in a defamation case before a trial court in Maharashtra against him over his remarks against Prime Minister Narendra Modi in 2019.

A bench of Justices Vikram Nath and Aparesh Kumar Singh issued notices to the Maharashtra government and complainant, M H Shrishrimal, seeking their responses in four weeks.

"Issue notice returnable in four weeks. Further proceedings before trial court shall remain stayed," the bench ordered on plea filed by Gandhi against September 8 order of the Bombay High Court refusing to quash summons to him.

The case pertains to Gandhi's alleged remarks during a rally in 2019 where he made comments against Prime Minister Narendra Modi. The complaint was filed by Shrishrimal before the magistrate in Maharashtra, alleging Gandhi's remarks defamed the Prime Minister and hurt sentiments.

Based on the complaint, summons were issued to Gandhi by the trial court. After which, he had approached the Bombay High Court seeking quashing of the complaint and summons, contending the remarks were political speech made in the course of election campaigning and did not attract offence of defamation under Section 500 IPC.

The Bombay High Court had on September 8 refused to quash the summons and declined to interfere with the proceedings before the magistrate. It held the trial court had rightly taken cognisance and Gandhi should face trial.

Challenging the High Court order, Gandhi moved the Supreme Court. His counsel argued that the complaint was politically motivated and filed with mala fide intention, and political speeches during elections are protected under freedom of speech under Article 19(1)(a) of Constitution.

The Supreme Court bench, after hearing brief submissions, issued notice and stayed further proceedings.

It had earlier in similar matters granted relief to Gandhi and stayed the defamation proceedings in other cases. Now the matter will be heard after four weeks.

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