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Judiciary

SC stays defamation proceedings against Rahul Gandhi

By Jhanak Sharma      20 January, 2025 12:30 PM      0 Comments
SC stays defamation proceedings against Rahul Gandhi

NEW DELHI: In a relief to Congress leader, and Lok Sabha Leader of Opposition, Rahul Gandhi, the Supreme Court on Monday stayed the trial court proceedings in the defamation case against him for his alleged remark on Union Minister Amit Shah.

A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Jharkhand government and the complainant Navin Jha and suspended the trial court proceedings.

"Till further orders, further proceedings in the trial shall remain stayed," the bench said.

Rahul Gandhi approached the apex court, after the Jharkhand High Court had in February last year dismissed his petition seeking to quash a 2018 defamation case going on in a trial court.

The defamation case was filed by a BJP leader, Navin Jha, against Gandhi for allegedly calling then BJP chief and current Home Minister Amit Shah a "murder accused".

During the hearing, senior advocate, Abhishek Manu 
Singhvi, appearing for Gandhi contended, "If you are not the person aggrieved, how can you have a proxy filing of complaint and in this case?"

In his complaint, Jha alleged that during a Congress plenary Session on March 18, 2018, Gandhi made a speech against the BJP, allegedly calling Amit Shah as a "murder accused". He, in his defamation complaint, said that the Congress leader's comments were an insult to all workers, supporters and the leaders "who have been working selflessly for the BJP".

The Jharkhand HC Judge, Justice Ambuj Nath dismissed Gandhi’s plea, after finding Gandhi's comments 'prima facie defamatory in nature."

"Prima facie the alleged statement (Rahul Gandhi) points out that Gandhi has imputed that the BJP leadership was drunk with power and was composed of liars. It further means that the party workers of the BJP will accept such person/persons as their leader. This imputation is prima facie defamatory in nature," the Jharkhand HC, had said, in its judgement, while refusing to quash the defamation proceedings case going on in a trial court in Jharkhand.



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