Supreme Court Pauses Rahul Gandhi’s Defamation Trial

The Supreme Court has paused the trial against Rahul Gandhi while it considers his challenge to a Bombay High Court decision. On Tuesday, a bench of Justices Vikram Nath and Aparesh Kumar Singh also gave the Maharashtra government and complainant Mahesh Shrishrimal four weeks to respond. The order is temporary relief, not a ruling on whether Gandhi’s remarks were defamatory. ^1,3

That four-week reply period follows a complaint over remarks Gandhi allegedly made at a Rajasthan rally on September 20, 2018. He made them while criticising Prime Minister Narendra Modi over the Rafale fighter jet deal. Shrishrimal, a BJP member, said Gandhi used phrases including “Choro Ke Sardar” and “Commander-in-Thief,” harming Modi’s reputation and casting BJP members as thieves. A Girgaon magistrate issued a summons against Gandhi in August 2019. Gandhi later asked the Bombay High Court to dismiss the case, arguing that the complaint could not proceed. ^1,9

The August 2019 summons led Gandhi to challenge the case, but on September 8 the Bombay High Court refused to cancel it. The High Court said it could not decide at that stage whether the alleged remarks targeted only Modi or also BJP members. That question, and whether the words were defamatory, needed examination during trial. Gandhi’s appeal now puts that dispute before the Supreme Court. Until it rules, the Maharashtra trial court cannot continue proceedings, but the complaint itself has not been dismissed. ^1,12

The halted trial leaves the core argument unresolved. Gandhi says the complainant cannot bring a case over remarks that did not name the BJP or a clearly defined group. Shrishrimal says he was aggrieved as a party member. Gandhi is the Congress leader and Leader of the Opposition in the Lok Sabha. The Supreme Court has sought replies from Shrishrimal and the state within four weeks, after which it will hear the challenge again. ^5,11