The Bombay High Court on Tuesday refused to quash the summons issued to Congress MP Rahul Gandhi in a 2019 defamation case arising from his remarks against Prime Minister Narendra Modi.
A single bench of Justice N R Borkar dismissed Gandhi’s petition challenging the magistrate court’s order that had initiated proceedings against him, holding that there was no apparent illegality warranting the High Court’s intervention.
The case relates to remarks made by Gandhi in 2018 in connection with the Rafale fighter jet deal. A defamation complaint was subsequently filed against him, alleging that his statements were defamatory.
Gandhi’s lawyers had argued before the High Court that the complaint was frivolous and that the proceedings initiated by the magistrate should not be allowed to continue. However, the court declined to accept the challenge and upheld the magistrate’s decision to proceed with the case.
At the same time, the High Court continued an earlier direction issued in 2021 under which proceedings before the magistrate would remain deferred for six weeks. The extension gives Gandhi an opportunity to approach the Supreme Court against Tuesday’s order.
The ruling means that the defamation proceedings are not being quashed at this stage and that Gandhi will have to seek further relief from the apex court if he wishes to prevent the case from proceeding before the magistrate.
The controversy surrounding the Rafale deal had been a major political flashpoint between the Congress and the BJP, with Gandhi repeatedly raising questions over the aircraft procurement process and targeting the Narendra Modi-led government.
The latest High Court order keeps the legal battle alive, with the next course of action likely to depend on whether Gandhi approaches the Supreme Court within the period granted by the Bombay High Court.
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