The Bombay High Court on Tuesday refused to quash the 2019 summons issued to Congress MP Rahul Gandhi by a magistrate court over a defamation complaint. Justice N R Borkar dismissed Gandhi’s petition but extended an earlier directive to the lower court to postpone the hearing on the defamation plaint for six weeks.
Gandhi, who serves as the Leader of Opposition in the Lok Sabha, sought the extension so he could file an appeal in the Supreme Court. The court’s order to defer the hearing meant that Gandhi would not be required to appear before the magistrate. Justice Borkar said the magistrate’s order contained no “perversity and illegality” and therefore the High Court had no basis to interfere.
The complainant, M H Shrishrimal, a BJP member since 2018, opposed Gandhi’s plea in the High Court, arguing that the remarks were directed at Prime Minister Narendra Modi and could affect party members. The court rejected Gandhi’s contention that Shrishrimal was not an aggrieved party, noting that the BJP is a “determinate body with a class of members” and that any comments about its leader can impact its members. The court also said that whether Gandhi’s remarks were personal or aimed solely at the Prime Minister would be determined in trial after evidence and witness statements.
After the order, Gandhi’s counsel Sudeep Pasbola urged the court to extend the interim order issued in 2021 for eight weeks to allow the Congress leader to appeal to the apex court. Shrishrimal’s lawyer opposed the extension, citing that the trial has been stalled since 2021. Justice Borkar maintained the six‑week interim order, while the case remains pending, with the original complaint alleging that Gandhi defamed the Prime Minister during a September 2018 rally in Rajasthan and later repeated the remarks on his X account.
