SC stays proceedings in 2019 defamation case against Rahul

The Supreme Court on Monday stayed the proceedings in a trial court in Jharkhand against Congress leader Rahul Gandhi in a criminal defamation case filed against him for his alleged defamatory comments against Union Home Minister Amit Shah.

BJP worker Naveen Jha had filed the case against Rahul in 2019 for his alleged remarks referring to Shah as a “murderer” during one of his public speeches in Chaibasa in the run-up to the 2019 Lok Sabha elections.

Issuing notices to the Jharkhand Government and Jha seeking their response on Rahul’s petition, a Bench led by Justice Vikram Nath stayed all further proceedings in the trial till further orders.

Rahul has challenged the Jharkhand High Court order rejecting his petition to quash proceedings against him in a trial court in connection with the complaint. Earlier, Rahul had moved the Jharkhand High Court against a Ranchi magisterial court’s order requiring him to personally appear before it to face trial.

Monday’s order came after senior advocate Abhishek Singhvi submitted on behalf of Rahul that there were several judgments which said that only the aggrieved person could file a criminal defamation complaint and that it could not be filed by a proxy third party.

After recording the statements of the complainant and witnesses, the magistrate had found merit in the case against Rahul and directed him to appear before the trial court on February 4, 2023. While issuing a stay on the notice issued by the magistrate, the HC had ordered that “no coercive steps” be taken against Rahul.