Rahul Gandhi moves Bombay High Court for quashing defamation case filed by BJP leader

Congress leader Rahul Gandhi has moved the Bombay High Court challenging the order of a Mumbai court summoning him to appear in person in a defamation complaint filed by a Bharatiya Janata Party (BJP) leader. .The criminal proceedings against Gandhi was initiated by Metropolitan Magistrate Court at Girgaon on August 28, 2019 after a defamation complaint was filed by one Mahesh Hukumchand Shrishrimal, purportedly a member of the BJPGandhi became aware of the order, after he received summons from the Court on July 12, 2021. Till then, he submitted, he was not aware of the complaint filed against him..The allegations of the complainant were that in September 2018, Gandhi had conducted a rally in Rajasthan and during the said rally made defamatory statements against the Prime Minister Narendra Modi. Due to the said defamatory statement, Modi was allegedly trolled on media by various news channels and social media platforms. .As per the complaint, four days later, Gandhi purportedly commented on a video and posted on his personal twitter account" "The sad truth about India's commander in thief."The complainant alleged that Gandhi was making "defamatory statements against Modi and by calling him 'Commander in Thief' made direct allegation of theft against all members of BJP and Indian citizens connected to Modi". .Gandhi stated in his writ petition filed through advocate Kushal Mor that the instant complaint was a classic example of a frivolous and vexatious litigation motivated by the sole purpose of furthering the complainant's latent political agenda. He pointed out that the order under challenge was of a mechanical nature and did not contain the minimum reasoning which is required for issuing process against a person. .Additional grounds that Gandhi pointed out in his petition was that the complainant had no locus to file the complaint since defamation can be initiated only by the person who has been defamed and the present case fell within the exceptions to Section 499 of the Indian Penal Code. .Gandhi prayed for quashing of the order of the Magistrate. In the interim, he has sought for a stay on the proceedings. .As counsel for Gandhi, advocate Sudeep Pasbola could not remain present for the hearing since he was in another court, Justice SK Shinde adjourned the matter to November 22, 2021.