'Commander-in-thief': Bombay HC extends interim relief to Rahul Gandhi in defamation case

Bombay: The Bombay High Court reportedly extended temporary relief to Congress leader Rahul Gandhi, exempting him from appearing before a Mumbai magistrate court in a defamation case until February 26. 

Gandhi attempted to halt proceedings over his "commander-in-thief" comment against Prime Minister Narendra Modi in 2018, while addressing a public rally in Rajasthan. Gandhi had tweeted the same on September 24, 2018.

BJP worker Mahesh Shrishrimal, a resident of Girgaon, had claimed that by calling the Prime Minister "commander-in-thief," Gandhi had alleged theft against all members of BJP and Indian citizens. He had approached the Magistrate court with a defamation suit. The Magistrate court, after hearing him, had issued a process and summoned Gandhi.

Tool for political harassment: Gandhi argues

Gandhi argued in his plea before the Bombay High Court that as an elected representative, he is frequently subjected to frivolous and vexatious litigation driven only by the desire to further political goals. Gandhi's plea further added that the plea in the magistrate's court was filed only to harass him and tarnish his public image.

However, the complainants side asserted a prima facie case against Gandhi, highlighting the Magistrates satisfaction before issuing the summons. It was further argued before the Court that Gandhi should have first appealed the Magistrate court order at the Sessions Court instead of directly approaching the High Court.
Gandhis counsel then urged the court to extend the existing relief which the bench approved.