Mumbai/New Delhi, September 8, 2026 (Yes Punjab News)
The Bombay High Court on Tuesday refused to quash criminal defamation proceedings against Congress MP and Leader of the Opposition in the Lok Sabha Rahul Gandhi over alleged derogatory remarks against Prime Minister Narendra Modi.
A single-judge Bench of Justice Nitin Borkar dismissed Gandhi’s plea challenging the summoning order issued by the magistrate, holding that there was no manifest illegality or perversity warranting the High Court’s intervention under Section 482 of the Code of Criminal Procedure (CrPC).
The court found no infirmity in the magistrate’s order and declined to exercise its inherent jurisdiction to terminate the proceedings.
The High Court also rejected Gandhi’s argument that a defamation complaint filed by a BJP member was not maintainable. It held that the BJP, as a registered national political party, constitutes an identifiable body.
Justice Borkar said that at the stage of examining the challenge to the summons, it could not be concluded that Gandhi’s alleged remarks were confined only to the senior leadership of the BJP.
The court noted that the alleged reference to Modi, a BJP member, as a “commander-in-thief” could potentially have implications for other members of the party. Whether the alleged imputation was defamatory in substance and what impact it had on BJP members would have to be determined during the trial, the court said.
However, the High Court granted Gandhi six weeks’ protection from appearing before the magistrate, giving him time to approach the Supreme Court against the order.
The complaint was filed by BJP member Mahesh Shrishrimal before the Girgaon Magistrate Court over remarks allegedly made by Gandhi at a rally in Rajasthan in September 2018. Shrishrimal alleged that Gandhi had used expressions including “Choro Ke Sardar” and “Commander-in-Thief” while referring to Modi.
According to the complainant, the remarks not only affected the reputation of the Prime Minister but also portrayed BJP members as “thieves”. Shrishrimal, who said he had been an active BJP member for nearly two decades, claimed the alleged statements had a wider impact on party members. He filed the complaint as a member of the BJP Maharashtra Pradesh Committee.
After examining the material and evidence submitted by the complainant, the magistrate issued summons to Gandhi in August 2019.
Gandhi subsequently approached the Bombay High Court, arguing that the complaint by a BJP worker was not maintainable and seeking quashing of the criminal proceedings. Shrishrimal opposed the plea, maintaining that he was personally aggrieved by the alleged defamatory remarks and had instituted the complaint in his capacity as a BJP member.
The High Court had reserved its order in February after hearing arguments from Gandhi, the complainant and the Maharashtra government.
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