MUMBAI: The Bombay high court on Tuesday refused to quash summons issued to Congress leader Rahul Gandhi in a defamation complaint over his “commander-in-thief” remarks against Prime Minister Narendra Modi in connection with the Rafale fighter jet deal.A single bench of Justice N R Borkar dismissed Gandhi’s petition challenging an August 28, 2019 order of a Girgaum magistrate issuing process against him.The high court, however, continued for six weeks its December 2021 interim order that had deferred proceedings before the magistrate, allowing Gandhi time to approach the Supreme Court against Tuesday’s ruling.Justice Borkar said the court found no “perversity and illegality” in the magistrate’s order and therefore saw no reason to interfere.“This court finds no infirmity in the order. Hence, the petition is dismissed,” the HC said.The complaint was filed by M H Shrishrimal, who claimed to be a BJP member and alleged that Gandhi had defamed PM Modi through remarks made during a public rally in Rajasthan in September 2018.Shrishrimal alleged that Gandhi had referred to Modi as “commander-in-thief” while speaking about the Rafale deal and had also posted a video containing the remark on his personal X account.According to the complainant, the statements amounted to allegations of theft and hurt the sentiments of BJP supporters and others associated with the prime minister.Gandhi’s counsel, Sudeep Pasbola and Kushal Mor, had argued that the complaint was frivolous and that Shrishrimal was not an aggrieved person with the locus standi to initiate defamation proceedings.The high court, however, declined to interfere with the magistrate’s decision to issue summons. Proceedings before the magistrate will remain deferred for six weeks to enable Gandhi to move the Supreme Court.
