New Delhi: The Supreme Court has granted interim relief to Congress leader Rahul Gandhi in a criminal defamation case linked to comments he allegedly made about Prime Minister Narendra Modi in 2018, including describing him as “commander-in-thief”.
On Tuesday, a bench comprising Justices Vikram Nath and Aparesh Kumar Singh halted all further action before the trial court while it examines Gandhi’s plea against the Bombay High Court’s September 8 refusal to quash the case.
The judges sought responses from the Maharashtra government and BJP worker Mahesh Shrishrimal, who had filed the complaint, and listed the matter for hearing after four weeks.
“In the meantime, further proceedings before the trial court shall remain stayed,” the bench said in its order.
Gandhi, the Leader of the Opposition in the Lok Sabha, was represented by senior advocate Abhishek Manu Singhvi. Singhvi told the court that the proceedings should be stayed because they were not legally maintainable, as reported by Hindustan Times.
Complaint Over 2018 Remarks
The case originates from a private complaint lodged by Shrishrimal over statements attributed to Gandhi at a public meeting in Rajasthan on September 20, 2018. The complainant alleged that Gandhi had said, “Hindustan ka chowkidar chor hai”, accusing the Prime Minister of corruption.
Shrishrimal also objected to a post Gandhi allegedly shared on his personal X account, then known as Twitter, on September 24, 2018, in which the Congress leader was said to have called Modi “Commander in Thief”. According to the complaint, the statements implied that Modi, BJP members and citizens associated with them were involved in theft.
Seeking action under Section 500 of the Indian Penal Code, Shrishrimal approached a Girgaon magistrate court, which initiated proceedings against Gandhi in 2019. Gandhi later challenged the case before the Bombay High Court in November 2021, denying the allegations and seeking that the proceedings be set aside.
High court Refused To Quash Case
Justice N R Borkar dismissed Gandhi’s submission that the BJP was not an identifiable entity. He observed that a prima facie reading of the alleged remark — describing the Prime Minister, a BJP member, as “commander in thief” — did not restrict its effect to the party’s top leadership.
“Whether the imputation was in substance and what impact it will have on members of the party will have to be considered at the stage of trial,” the high court judge said while upholding the magistrate court’s decision.
The Supreme Court’s interim order suspends the trial for now but leaves the underlying defamation allegations unresolved pending further hearing.
