The Bombay High Court has dismissed a petition filed by Congress leader Rahul Gandhi seeking to quash criminal defamation proceedings arising from remarks allegedly made by him against Prime Minister Narendra Modi.
The complaint concerns statements attributed to Gandhi in which he allegedly described the Prime Minister as “Choro Ke Sardar” and “Commander-in-Thief” while criticising him during the 2018 election campaign.
Gandhi had approached the High Court seeking an end to the criminal proceedings, challenging the complaint and the order taking cognizance of the alleged offence. His plea questioned the legal sustainability of the prosecution and contended that the remarks made in the course of political discourse did not warrant criminal proceedings for defamation.
The complainant, however, alleged that Gandhi’s statements were defamatory and had the effect of lowering the Prime Minister’s reputation in the estimation of the public. The complaint maintained that the expressions used by the Congress leader went beyond legitimate political criticism and amounted to imputations capable of attracting criminal liability.
The Bombay High Court has now declined to exercise its jurisdiction to terminate the proceedings at the threshold. With the dismissal of Gandhi’s petition, the criminal defamation complaint will continue before the competent court in accordance with law.
The proceedings arise from Gandhi’s alleged remarks during a period of heightened political campaigning. The complainant had taken exception to the expressions allegedly used against the Prime Minister and initiated criminal proceedings contending that the statements damaged his reputation.
Gandhi’s challenge before the High Court sought to prevent the criminal case from proceeding further. However, the Court’s refusal to quash the complaint means that the allegations will now have to be considered in the ordinary course of the criminal proceedings.
The dismissal of the quashing petition does not amount to a finding that Gandhi is guilty of criminal defamation. The allegations against him remain matters for adjudication before the trial court, and the prosecution will have to establish the ingredients of the alleged offence in accordance with law.
The case brings into focus the continuing legal tension between robust political criticism and the statutory protection afforded to an individual’s reputation. Statements made against public figures in the course of political debate may attract constitutional protection in appropriate circumstances, but such protection is subject to the limitations prescribed by law.
The proceedings will now continue before the court concerned, with the question of whether Gandhi’s alleged remarks constitute criminal defamation to be determined on the basis of the evidence and applicable legal principles.
The post Bombay High Court refuses to quash defamation case against Rahul Gandhi over remarks against PM Modi appeared first on India Legal.