SC stays proceedings against Rahul Gandhi in a defamation case

Supreme Court on Monday stayed proceedings against Congress leader Rahul Gandhi in a defamation case filed against him in a Jharkhand court for an alleged remark about home minister Amit Shah.

Gandhi had petitioned SC, seeking quashing of the case in which it was alleged that in a speech on March 18, 2018, he had criticised BJP and used the word "murder" for Shah. A bench of the top court, headed by justice Vikram Nath, also sought the responses of the Jharkhand government and the complainant. The complaint had been filed by BJP leader Navin Jha.

Appearing on behalf of Gandhi, senior advocate Abhishek Singhvi said the complaint was a "proxy" filed by a third party and the same is not permissible when it comes to the offence of defamation. Initially, a magistrate court in Ranchi had dismissed Jha's complaint, but then he filed a revision petition before the judicial commissioner in the city.


On September 15, 2018, the judicial commissioner overturned the order that dismissed the complaint petition and sent it back to the magistrate court. The judicial commissioner also directed the magistrate to review the evidence on record and issue a fresh order regarding the determination of prima facie material to proceed with the matter.

Subsequently, the magistrate passed a fresh order on November 28, 2018, and concluded that there was sufficient evidence to establish a prima facie case against Gandhi under Section 500 of the Indian Penal Code which penalises defamation. Consequently, the magistrate issued a summons for Gandhi.