A bench comprising Justices Vikram Nath and Aparesh Kumar Singh issued notices to both the complainant, M H Shrishrimal, and the Maharashtra government, directing them to submit their replies within four weeks.
“Issue notice returnable in four weeks. Further proceedings before the trial court shall remain stayed,” the bench ordered while hearing Gandhi’s challenge to a September 8 Bombay High Court judgment that had declined to set aside the summons issued to him.
Representing the Raebareli MP, Senior Advocate Abhishek Singhvi cited previous Supreme Court rulings, emphasizing that the legal position on this issue is well established.
The apex court scheduled the next hearing after four weeks.
Earlier, on September 8, the Bombay High Court had rejected Gandhi’s petition seeking to quash the 2019 summons. That petition had challenged an August 28, 2019 order by a Girgaum magistrate initiating process against him based on Shrishrimal’s complaint. However, the High Court extended its 2021 interim relief by directing the magistrate court to defer proceedings for six weeks, enabling Gandhi to move the Supreme Court.
In his submission before the High Court, Shrishrimal argued that as a BJP member, he felt personally aggrieved by the derogatory comments directed at his party leader. The original complaint cited a public address delivered by Gandhi in Rajasthan on September 20, 2018, alleging that his statements cast direct allegations on all BJP members and citizens associated with PM Modi.
