The Supreme Court has stayed the trial proceedings against Congress leader and Leader of Opposition Rahul Gandhi in a criminal defamation case concerning his alleged remarks against Prime Minister Narendra Modi during the Rafale fighter jet deal controversy. A bench of Justice Vikram Nath and Justice Aparesh Kumar Singh issued notice and sought a response within four weeks.
Background
The complaint was filed by BJP functionary Mahesh H. Shrishrimal before a magistrate in Girgaon, Mumbai. He alleged that Gandhi’s remarks at a public rally in Rajasthan in September 2018, followed by his social media post describing Modi as “India’s Commander-in-Thief”, harmed the reputation of BJP members.
The magistrate issued process against Gandhi on August 28, 2019, in a complaint under Section 500 of the Indian Penal Code.
Gandhi challenged the summons, arguing that he had not specifically named the BJP or its members and that the complainant could not maintain the case merely by claiming to represent the party.
On September 8, 2026, Justice Nitin Borkar dismissed Gandhi’s petition. The High Court held that whether the alleged imputation extended beyond the Prime Minister to BJP members was a matter requiring examination at trial.
The High Court observed:
“Whether the imputations were in substance confined to the Hon’ble Prime Minister alone, or whether and to what extent they cast their shadow upon the Members and functionaries of the party, in view of John Thomas (supra), is a determination that must await trial.”
It further concluded that the magistrate’s order did not warrant interference at that stage.
Challenging the High Court’s decision, Gandhi approached the Supreme Court. On October 13, 2026, the bench issued notice, returnable in four weeks, and stayed the trial proceedings in the meantime.
The Court’s interim relief pauses the trial while the matter proceeds before it. The stay does not, by itself, amount to a final decision on the defamation complaint.
