The Bombay High Court has reserved its order on Congress leader Rahul Gandhi's plea to quash a defamation complaint related to his controversial remarks against Prime Minister Narendra Modi. The remarks, which referred to PM Modi as “commander-in-thief” during a public rally in Rajasthan in September 2018, led to a criminal defamation case initiated by BJP member Mahesh Shrishrimal.
The complaint, filed in August 2019, claims that Gandhi’s statements were defamatory and suggested that all BJP members, as well as Indian citizens, were being labeled as thieves. Shrishrimal argued that Gandhi's words had tarnished the reputation of not just the Prime Minister but the BJP as a whole.
In response, Gandhi's legal team contended that the complaint was politically motivated, aimed at advancing the complainant’s hidden political agenda. Gandhi's counsel also referenced Section 199(2) of the Criminal Procedure Code (CrPC), which dictates that sessions courts must address complaints when public servants are implicated in matters related to their public functions. They argued that this provision legally prevents Shrishrimal from filing a complaint.
Gandhi’s legal team argued that political parties cannot file defamation cases under Section 499 of the Indian Penal Code (IPC), which would disqualify Shrishrimal from pursuing the matter in a representative capacity.
The complainant, on the other hand, maintained that he had a valid case against Gandhi, presenting evidence and stating that as a member of the BJP's Maharashtra unit, he was directly affected by the remarks. The High Court has now reserved its order after hearing arguments from both sides.









