SC halts defamation proceedings against Rahul Gandhi over remarks on Amit Shah


Summary
The Supreme Court has temporarily stayed defamation proceedings against Congress MP Rahul Gandhi in a 2018 case, where he referred to Union Home Minister Amit Shah as a “murder accused.” The case is pending in a Jharkhand court. The court issued a notice on Gandhi’s appeal, challenging the dismissal of his request to quash the defamation case. The proceedings are paused until further orders, giving time for responses from the state and BJP leader Navin Jha. The case stems from Gandhi’s remarks during a Congress session, which were claimed to be defamatory by Jha.


The Supreme Court on Monday stayed the defamation proceedings against Congress MP Rahul Gandhi in a 2018 defamation case pending in a Jharkhand court. The case stems from Gandhi’s statement calling Union Home Minister Amit Shah, who was then the BJP president, a “murder accused.”

A bench led by Justice Vikram Nath issued a notice on Gandhi’s appeal challenging the Jharkhand High Court’s February 2024 decision, which had refused to quash the defamation case. The bench, which also included Justice Sandeep Mehta, granted four weeks for the state and private complainant BJP leader Navin Jha to file their responses. It also stated that, “Until further orders, further proceedings before the trial court shall remain stayed.”

Senior advocate Abhishek Manu Singhvi, representing Gandhi, argued that defamation cases require the aggrieved person to directly allege defamation, and it cannot be done through a proxy. He cited seven judgments supporting this position. Jha was represented by senior advocate Mahesh Jethmalani, who requested time to respond.

The bench posted the matter for hearing in four weeks and issued notices to both Jha and the state.
In a previous ruling, the Jharkhand High Court had declined to interfere with a non-bailable warrant issued by the MP/MLA court in Chaibasa, Jharkhand, on Jha’s complaint. Jha had claimed that Gandhi’s remarks during a March 2018 Congress plenary session were objectionable and derogatory.

The complaint contended that Gandhi’s comments labeling Shah as a “murder accused” were an insult to BJP workers, supporters, and leaders who have dedicated themselves to the party. The High Court had found Gandhi’s comments to be “prima facie defamatory,” implying that they suggested the BJP leadership was corrupt and deceitful, and that party workers would accept such individuals as leaders.


Disclaimer
This summary is for informational purposes only. Legal proceedings, including the defamation case involving Rahul Gandhi and Amit Shah, are ongoing and subject to court decisions. The views and interpretations in this summary are based on available public records and may not reflect the full legal context or outcome.


 

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