The Supreme Court on Monday halted criminal defamation proceedings against Congress leader Rahul Gandhi, who was booked for referring to Union Home Minister Amit Shah as a "murder accused."
A Bench of Justices Vikram Nath and Sandeep Mehta issued notices to the Jharkhand government and the complainant, BJP leader Navin Jha, in response to Gandhi's plea seeking to quash the case.
During the hearing, Senior Advocate Abhishek Manu Singhvi, representing Gandhi, argued that the complaint was inadmissible as it was filed by a third party, which is not permissible under defamation laws. "If you are not the person aggrieved, how can there be a proxy filing of a complaint?" Singhvi questioned.
The Court ordered, "Issue notice to Jharkhand and the complainant. All proceedings in the trial shall remain stayed until further orders."
The controversy stems from a speech delivered by Gandhi on March 18, 2018, where he criticized the BJP and alleged Shah’s involvement in a murder case. Navin Jha subsequently filed a complaint, accusing Gandhi of defaming Shah and the BJP.
Initially, a magistrate court in Ranchi dismissed Jha’s complaint. However, Jha filed a revision petition before the Judicial Commissioner in Ranchi.
On September 15, 2018, the Judicial Commissioner overturned the dismissal, directing the magistrate to reassess the evidence and issue a fresh order.
Following this directive, the magistrate court passed a fresh order on November 28, 2018, concluding that sufficient evidence existed to establish a prima facie case under Section 500 of the Indian Penal Code (IPC), which deals with defamation. A summons was then issued for Gandhi to appear.
Gandhi challenged the magistrate's order before the Jharkhand High Court. However, Single Judge Justice Ambuj Nath upheld the earlier decision, citing Gandhi’s statements implying that BJP leaders were "liars intoxicated with power" and willing to accept a "murder accused" as their president.
The High Court observed that these remarks were prima facie defamatory under Section 499 of the IPC, which includes imputations against associations or groups. It dismissed Gandhi’s plea, concluding that the statements tarnished the reputation of BJP leaders and members.
With the Supreme Court’s stay, the defamation proceedings against Gandhi are temporarily on hold, pending responses from the Jharkhand government and the complainant.
