Bombay High Court Rejects Rahul Gandhi’s Plea to Quash Defamation Summons

High Court Denies Quashing Rahul Gandhi’s Summons

In a late‑morning decision, the Bombay High Court rejected Congress leader Rahul Gandhi’s request to cancel a summons issued by a magistrate in a criminal defamation suit related to remarks about Prime Minister Narendra Modi.^[1][2]

Order Reaffirms Magistrate’s Authority

Judge Justice N.R. Borkar noted that the magistrate’s summons did not exhibit any “manifest perversity” or “illegality,” thereby giving the court no ground for intervention.^[1][2]

Background of the Defamation Case

The case stems from an alleged 2018 statement in Rajasthan that Gandhi supposedly repeated during a rally. In 2019, Mahesh Hukumchand Shrishrimal, a BJP member, filed a complaint claiming the remarks defamed the Prime Minister, leading to online trolling and reputational harm.^[1]

Following the complaint, Girgaon Metropolitan Magistrate issued a summons on 28 August 2019, directing Gandhi to appear before the court.^[1]

Arguments from Both Sides

Rahul Gandhi’s counsel, Senior Advocate Sudeep Pasbola, argued that the complaint violated Section 199(2) of the Code of Criminal Procedure, contending that defamation against a public servant relative to official functions requires a formal complaint by a competent authority and that no ‘definite class’ was named.^[1]

Opposing the plea, Advocate General Milind Sathe held that the magistrate’s findings established a prima facie case and that a party worker could sensibly be regarded as an aggrieved individual if the remarks targeted an identifiable group.^[1]

Court’s Final Ruling

The High Court declined to quash the summons, affirming that the magistrate’s order had no infirmities warranting court intervention. Gandhi is thus required to heed the summons and appear as instructed.^[1][2]