Mumbai: Aug 2 (UNI) Bombay High Court on Wednesday extended the interim relief granted to Congress leader Rahul Gandhi from appearing before a magistrate court at Bhiwandi till September 26.
The case pertains to a defamation suit filed by a member of the Bhartiya Janata Party (BJP) over his statement of calling Prime Minister Narendra Modi, ‘Commander in Thief’.
A Single Bench of Justice S.V. Kotwal did not hear the matter but extended the interim relief given to Gandhi in November 2021 till September 26.
Gandhi has challenging the summons issued to him by a magistrate court in the case.
The complaint was filed by Mahesh Shrishrimal (43), member of the BJP Maharashtra State Committee, on September 20, 2018.
It said, “in relation to the Rafale Aircraft deal, while addressing a public rally at Jaipur then at Amethi, Gandhi defamed the prime minister, Narendra Modi, and BJP party members with the remark ‘choukidar chor hain’ (guard is a thief) … these derogatory remarks has defamed the image of PM at the national and international level. The said remarks and related news were broadcasted on various news channels, newspapers and social media causing serious defamation.”
The metropolitan magistrate court had issued accused summons on August 28, 2019, and said, “whereas, your (Gandhi) attendance is necessary to answer to a charge of Section 500 (punishment for defamation) of the Indian Penal Code (IPC). You are hereby required to appear in person or by a leader in the case before the metropolitan magistrate court on October 3, 2019.”
The order had said, “On perusal of the complaint, it appears that the complainant being a member of BJP has locus to file present complaint. The fact stated by complainant on oath reveals that the alleged defamation has caused not only of the PM but also its members too.
The complainant has made out a prima facie case for issuance of process against the accused under section 500 of the IPC.”
