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SC stays defamation proceedings against Rahul Gandhi over remarks on Amit Shah

ByAbraham Thomas
Jan 20, 2025 11:46 AM IST

The complaint said that the comments alleging Shah as a ‘murder accused’ was an insult to all workers, supporters and leaders of the party.

The Supreme Court on Monday stayed defamation proceedings against Congress MP Rahul Gandhi in a 2018 defamation case pending before a Jharkhand court for calling Union home minister Amit Shah, who was then the BJP president, a “murder accused”.

Congress MP Rahul Gandhi shows a copy of the Constitution during an event in Patna on Saturday. (ANI Photo)
Congress MP Rahul Gandhi shows a copy of the Constitution during an event in Patna on Saturday. (ANI Photo)

A bench headed by justice Vikram Nath issued notice on Gandhi’s appeal challenging the order of the Jharkhand high court in February 2024 refusing to quash the defamation case. Granting four weeks to the state and private complainant BJP leader Navin Jha to file responses, the bench, also comprising justice Sandeep Mehta said, “Till further orders, further proceedings before the trial court shall remain stayed.”

Senior advocate Abhishek Manu Singhvi appeared for Gandhi and informed the court that the settled law in defamation cases requires that the person aggrieved should allege defamation and it cannot be done by a proxy on his behalf.

“If you are not a person aggrieved, you cannot have a proxy to file a complaint. There are seven judgments to this effect,” said Singhvi, while arguing the appeal filed by Gandhi. Jha was represented by senior advocate Mahesh Jethmalani, who sought time to respond.

The bench issued notice to Jha and the state while posting the matter after four weeks.

The Jharkhand high court last year refused to interfere with a non-bailable warrant issued by the MP/MLA court in Jharkhand’s Chaibasa court. The warrant was issued on the complaint filed by Jha claiming that the remarks made by Gandhi at a Congress plenary session in March 2018 was objectionable and derogatory.

The complaint said that the comments alleging Shah as a ‘murder accused’ was an insult to all workers, supporters and leaders of the party dedicated selflessly for the party’s work.

The HC found the comments made by the Congress leader and present Leader of Opposition in the Lok Sabha as “prima facie defamatory” and said, “The alleged statement points out that Gandhi has imputed that the BJP leadership was drunk with power and was composed of liars. It further means that the party workers of the BJP will accept such person/persons as their leader. This imputation is prima facie defamatory in nature.”

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