Relief for Rahul Gandhi as Bombay High Court defers defamation proceedings before Mumbai court

The Bombay High Court on Monday ordered that hearing in the defamation complaint filed against Congress leader and Wayanad MP Rahul Gandhi by a Bharatiya Janata Party (BJP) member be deferred till December 20, 2021. .Justice SK Shinde passed this order on Gandhi's plea seeking quashing of the defamation complaint filed by one Mahesh Hukumchand Shrishrimal.The criminal defamation proceedings against Gandhi were initiated by Metropolitan Magistrate Court at Girgaon on August 28, 2019 Shrishrimal's complaint..Before the hearing could commence, Advocate Rohan Mahadik appearing for the complainant, sought time to file reply Gandhi's petition. Advocates Sudeep Pasbola with Kushal Mor appearing for Gandhi, however pointed out to the Court that Gandhi had been summoned for appearance before the Magistrate on November 25, 2021 and some form of protection ought to be granted if adjournment was being allowed. When Mahadik began to point out the order which was under challenge, Justice Shinde retorted, "either you argue or you take time to file reply. You cannot do both"..When Mahadik sought time to file reply, Justice Shinde passed directions to the Magistrate Court to defer the proceedings beyond December 20, 2021. .The Court also granted 2 weeks time to Mahadik to file his reply to the plea and posted the case for hearing after two weeks..The defamation cases stems from the remarks made by Gandhi in September 2018 at a rally in Rajasthan when he allegedly made defamatory statements against Prime Minister Narendra Modi and called him '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 stated that Gandhi 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.Gandhi in his plea also contended that the order of Magistrate under challenge was mechanical in nature and did not contain the minimum reasoning which is required for issuing process against a person.Additionally, Gandhi also submitted 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.