Leader of the Opposition in the Lok Sabha and senior Congress MP Rahul Gandhi has once again faced a major disappointment on the legal front. The Bombay High Court on Tuesday categorically refused to quash the criminal defamation complaint filed against Prime Minister Narendra Modi over his controversial remarks during a crucial hearing. The Congress leader’s difficulties have increased significantly following this verdict.
The origin of the entire controversy and commentThis case started in the year 2018. While addressing an election rally held in Rajasthan, Rahul Gandhi attacked Prime Minister Narendra Modi. During this he allegedly used expressions like ‘commander-in-thief’ and ‘chief of thieves’. Following these statements, Mahesh Srisrimal, a local activist of the Bharatiya Janata Party (BJP) in Maharashtra filed a criminal defamation complaint against him. The complaint claimed that such statements caused huge damage to the image and reputation of not only the Prime Minister of the country, but the entire Bharatiya Janata Party and its crores of workers.
Rahul Gandhi’s argument in the High Court and the judgment of the courtOn the basis of this complaint, the magistrate court summoned Rahul Gandhi. A petition was filed by Rahul Gandhi in the Bombay High Court to quash the summons and the entire case. During the hearing in the High Court, it was argued by Rahul Gandhi’s lawyer that the complaint was not legally cognizable. His reasoning was that Rahul Gandhi did not directly name any identifiable specific person or any particular class during his speech.
However, the Bombay High Court rejected all these arguments of the Congress leader. The High Court in its judgment noted that the Bharatiya Janata Party is not a small organization but a major national level political party. When such words are used, it directly affects the dignity of the party. With this decision, the High Court refused to interfere in the proceedings of the Magistrate Court. As a result, the criminal defamation proceedings against Rahul Gandhi in the lower court will continue as usual.
Struggle continues in Bhiwandi over defamation case related to RSSThe legal battle for Rahul Gandhi in Maharashtra is not limited to this one case. Another criminal defamation case is pending against him in Bhiwandi court in Thane district of the state. The case is related to Rashtriya Swayamsevak Sangh (RSS).
During the 2014 Lok Sabha election campaign, Rahul Gandhi allegedly alleged in a rally that “the RSS was involved in the assassination of the Father of the Nation, Mahatma Gandhi.” This statement created a huge controversy. Rajesh Kunte, a local worker of RSS, filed a defamation case against Rahul Gandhi, terming this statement as a big blow to the credit of the Sangh. At present, the legal process and hearing in this matter is going on continuously in the Bhiwandi court. Looking at the recent decision of the Bombay High Court and the ongoing case of the Bhiwandi Court, it is clear that Congress leader Rahul Gandhi will have to fight a long battle on the political as well as the legal front in Maharashtra.