The Supreme Court on Monday stayed the trial court proceedings in the criminal defamation case filed against Congress leader Rahul Gandhi for his alleged derogatory remarks against Union Home Minister Amit Shah.
BJP worker Naveen Jha had filed a case against Gandhi for his alleged remarks against Shah in 2019. During one of his public speeches in Chaibasa ahead of the 2019 Lok Sabha elections, Gandhi had reportedly called Shah a “killer”.
A bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice to the Jharkhand government and the BJP leader, seeking their response on Gandhi’s appeal. “Issue notice. Further proceedings in the case will be adjourned till further orders,” the bench said.
Senior advocate Abhishek Singhvi, appearing for Gandhi, said there are several judgments which state that only the aggrieved person can file a criminal defamation complaint. He said that a defamation complaint cannot be filed by a proxy third party.
Senior advocate Mahesh Jethmalani appeared on behalf of Jha. Gandhi has challenged the Jharkhand High Court order, which had rejected his plea to quash the proceedings against him in a lower court in connection with the complaint.
The Congress leader had challenged the Ranchi magistrate court’s decision directing him to appear in person in the court for trial. Gandhi later moved the High Court, which stayed any further action against him in the lower court.
After recording the statements of the complainant and witnesses, the magistrate found merit in the case against Gandhi and directed him to appear before the trial court on February 4, 2023.
Later, the High Court stayed the notice issued by the magistrate and ordered that “no coercive steps” be taken against Gandhi.
