sc-issues-interim-stay-in-rahul-s-defamation-case-against-amit-shah

The Supreme Court on Monday (January 20) temporarily halted the trial court proceedings in the criminal defamation case filed against Congress MP and Leader of Opposition Rahul Gandhi.

The case stemmed from allegations that Gandhi labelled Bharatiya Janata Party members as "liars" and accused Union Home Minister Amit Shah of being a "murder-accused".

A bench comprising Justices Vikram Nath and Sandeep Mehta issued an interim order while considering Rahul Gandhi's Special Leave Petition, challenging the Jharkhand High Court's dismissal of his plea to quash the defamation case filed by BJP worker Navin Jha.

Senior Advocate Dr Abhishek Manu Singhvi, appearing for Rahul Gandhi, argued that only the aggrieved party can file a criminal defamation complaint, and that such a complaint cannot be filed by a proxy third party.

 

Senior Advocate Mahesh Jethmalani represented the complainant.

Navin Jha filed the complaint, claiming that in a speech at the AICC Plenary Sessions on March 18, 2018, Gandhi made defamatory statements against BJP and labelled Shah as a "murder-accused".

The Magistrate Court at Ranchi had initially dismissed Jha's complaint, which led to the filing of a Criminal Revision Petition before the Judicial Commissioner, Ranchi.

The Judicial Commissioner overturned the dismissal and directed the Magistrate to re-evaluate the evidence.

On November 28, 2018, the Magistrate issued a fresh order finding a prima facie case against Gandhi under Section 500 of the IPC and issued a process for his appearance.

Gandhi challenged the Judicial Commissioner's order and the subsequent Magistrate’s findings, arguing that Jha lacked the standing to file the case and that the provisions under Section 199 CrPC had not been followed.

The High Court upheld Jha's standing, stating, “Opposite party no. 2 being a party worker of Bhartiya Janata Party in my view, has locus standi to file the aforesaid complaint case under Sections 499/500 of the Indian Penal Code.”

The High Court found a prima facie case of defamation against Gandhi, noting that his speech had accused the BJP leadership of being "liars" and "drunk with power".

 

The Court dismissed Gandhi's Criminal Miscellaneous Petition and upheld the earlier orders.