The Supreme Court on Monday stayed criminal defamation proceedings against Congress leader Rahul Gandhi, who was booked for allegedly making derogatory remarks against Union Home Minister Amit Shah during a speech in March 2018
The Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the Jharkhand government and the complainant on the petition filed by Gandhi seeking quashing of the case.
Representing Gandhi, Senior Counsel Abhishek Manu Singhvi pointed out that the complaint was filed by a third party, which was not permissible regarding the offence of defamation.
He argued that if a person was not aggrieved, he could not file a proxy complaint.
The matter pertained to a complaint filed by BJP leader Navin Jha against Gandhi, alleging that the Congress leader delivered a speech on March 18, 2018, criticising the BJP and accusing Shah of being involved in a murder.
A Magistrate court in Ranchi had initially dismissed Jha’s complaint, prompting him to file a revision petition before the Judicial Commissioner in Ranchi.
On September 15, 2018, the judicial commissioner in Ranchi overturned the order that dismissed the complaint petition and sent it back to the magistrate court.
The judicial commissioner directed the magistrate to review the evidence on record again and issue a fresh order regarding the determination of prima facie material to proceed with the matter.
The Magistrate passed a fresh order on November 28, 2018, concluding that there was sufficient evidence to establish a prima facie case against Gandhi under Section 500 of the Indian Penal Code (punishment for defamation). Summons were also issued by the Magistrate seeking Gandhi’s appearance before the trial court.
The Congress leader moved the High Court challenging the Ranchi judicial commissioner’s order of September 15, 2018.
The single-judge Bench of Justice Ambuj Nath noted that Gandhi had said that BJP leaders were liars, who were drunk with power and that BJP workers would accept a person accused of murder as their president.
The High Court dismissed Gandhi’s petition on the grounds that the statements made by him were prima facie defamatory in nature under Section 499 IPC.
On the face of it, the statement suggested that Gandhi implied that the leadership of BJP was intoxicated with power and consisted of deceitful individuals. It further meant that BJP party workers would accept such a person as their leader. This imputation was prima facie defamatory in nature, it added.
The High Court also referred to Explanation 2 to Section 499 of IPC as per which imputations against a company, association or collection of persons would fall within the scope of defamation.
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