MUMBAI: The Bombay high court on Tuesday dismissed a petition by Congress leader and Leader of Opposition Rahul Gandhi challenging summons issued by a magistrate on a defamation complaint against him over his alleged 2018 statements against PM Narendra Modi related to Rafale fighter jet deal.“In absence of any manifest illegality, perversity in the impugned order, it is not a fit case for interference in exercise of inherent jurisdiction under Section 482 of the CrPC. Considering overall facts and circumstances, this Court finds no infirmity in the impugned order,’’ said Justice Nitin Borkar.The defamation complaint was filed by a BJP member Mahesh Shrishrimal before a Girgaum magistrate stating that Gandhi’s statements were made in a rally in Rajasthan and had hurt the sentiments of all BJP supporters.The magistrate issued summons in August 2019.Gandhi received the summons in July 2021 and moved HC seeking quashing of the proceedings.Shrishrimal’s advocate Rohan Mahadik opposed Gandhi’s petition.Senior advocate Sudeep Pasbola, for Gandhi, argued that complaint against Gandhi was frivolous, non-maintainable, and intended for harassment by adversaries, as only an aggrieved person could file it.But advocate General Milind Sathe argued that Shrishrimal also qualified as an aggrieved person who had the locus standi/legal right to file the complaint and that the complaint should not be quashed at the preliminary stage.Justice Borkar said on prima facie reading of the defamatory statement, “inter alia, describes the Prime Minister, who is also the prominent face of the said political party, as having engaged in the acts of theft while being the Commander of Thieves/Commander-in-Chief.”He said “at this threshold stage, it cannot be said that the alleged defamatory imputation is incapable of extending to those clearly identified with the party and its leadership, including its office bearers.”“Whether the imputations were in substance confined to the Prime Minister alone, or whether and to what extent they cast the shadow upon the members and functionaries of the party is a matter requiring an appreciation of evidence and context, is a determination that must await trial than be conclusively answer by High Court in its limited jurisdiction under Section 482,’’ he added.In December 16, 2021, HC in an interim order, had deferred the proceedings before the magistrate and exempted Gandhi from personal appearance.On Tuesday HC granted Gandhi six weeks further protection to enable him to move the Supreme Court.
