The Bombay High Court on September 8 refused to interfere with a criminal defamation case against Congress leader Rahul Gandhi over his alleged remarks against Prime Minister Narendra Modi, including references to him as “Choro Ke Sardar” and “Commander-in-Thief”.
Justice N. R. Borkar dismissed Gandhi’s challenge to the summons issued by the magistrate, holding that the matter could not be conclusively decided at the preliminary stage. The Court had earlier reserved its judgment after hearing Gandhi, the complainant and the Maharashtra Government.
Background of the Case
The complaint was filed by Mahesh Shrishrimal, a BJP worker and member of the BJP Maharashtra Pradesh Committee. The proceedings relate to remarks attributed to Gandhi in 2018 concerning Prime Minister Narendra Modi.
A magistrate had issued process against Gandhi after considering the complaint and the material placed before the court. Gandhi subsequently approached the Bombay High Court seeking to quash the proceedings.
His lawyers argued that the remarks were directed at the Prime Minister and did not name the BJP or its members. Therefore, they contended, there was no clearly identifiable group against whom the alleged defamatory statement could be said to have been made.
Arguments Before the Court
Senior Advocate Sudeep Pasbola, appearing for Gandhi, argued that a political party worker could not maintain a criminal defamation complaint merely by interpreting a statement about the Prime Minister as an attack on every member of the party.
The Maharashtra Advocate General, Dr Milind Sathe, opposed the plea. He argued that the Court should consider whether the alleged remarks could relate to an identifiable group and whether the complaint disclosed sufficient material for the proceedings to continue.
Counsel for Shrishrimal maintained that the complainant himself was an aggrieved person and that the material before the magistrate was sufficient to justify issuance of process.
Court’s Observation
The central question before the High Court was whether the alleged remarks were confined to the Prime Minister or could also be understood as referring to an identifiable group associated with him and the political party.
The Court found that this issue involved an assessment of the allegations, surrounding circumstances and evidence. Such questions, it held, were not appropriate for a final determination while exercising the High Court’s limited power to quash criminal proceedings.
The Court therefore found no sufficient ground to interfere with the magistrate’s order at this stage.
Decision
The Bombay High Court dismissed Rahul Gandhi’s plea seeking quashing of the criminal defamation proceedings.
The case before the magistrate was consequently allowed to continue.
Case Details:
Case Title: Rahul Gandhi vs The State of Maharashtra & Anr.
Case Number: Criminal Writ Petition No. 4391 of 2021
Judge: Justice N. R. Borkar
Decision Date: September 8, 2026
