The Bombay High Court on August 2, 2023 extended the interim relief granted to Congress leader Rahul Gandhi from appearing before the magistrate till September 26. The case pertains to a defamation suit filed by a member of the Bharatiya Janata Party (BJP) over his statement of calling Prime Minister Narendra Modi, ‘Commander In Thief’.
Mr. Gandhi is challenging the summons issued to him by a magistrate court in the case. A Single Bench of Justice S.V. Kotwal did not hear the matter but extended the interim relief given to Mr. Gandhi in November 2021 till September 26.
The complaint was filed by Mahesh Shrishrimal (43), member of the BJP Maharashtra State Committee, on September 20, 2018. It said, “in relation to the Rafale Aircraft deal, while addressing a public rally at Jaipur then at Amethi, Mr. Gandhi defamed the prime minister, Narendra Modi, and BJP party members with the remark ‘choukidar chor hain’ (guard is a thief)... these derogatory remarks has defamed the image of PM at the national and international level. The said remarks and related news were broadcasted on various news channels, newspapers and social media causing serious defamation.”
The complainant also attached tweets by Mr. Gandhi on September 24, 2018 that read, “the sad truth about India’s Commander in Thief. Modi ji ne kaha tha main desh ka PM nahin banna chahta hoon, main desh ke chaukidaar banna chahta hoon. Aur aaj desh ke dil mein, ek nayi awaaz utt rahi hain, gali gali mein shor hain, Hindustan ka chaukidaar chor hain.” (I don’t want to be the country’s PM, I want to be a guard. But today in the country, people are saying - the guard is the country’s thief)
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The metropolitan magistrate court had issued accused summons on August 28, 2019 and said, “whereas, your (Mr Gandhi) attendance is necessary to answer to a charge of Section 500 (punishment for defamation) of the Indian Penal Code (IPC). You are hereby required to appear in person or by a pleader in the case before the metropolitan magistrate court on October 3, 2019.”
The order had said, “On perusal of the complaint, it appears that the complainant being a member of BJP has locus to file present complaint. The fact stated by complainant on oath reveals that the alleged defamation has caused not only of the PM but also its members too. The complainant has made out a prima facie case for issuance of process against the accused under section 500 of the IPC.”
