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Remarks against Amit Shah: SC stays defamation case against Rahul Gandhi

During one of his public speeches in Chaibasa before the 2019 Lok Sabha elections, Rahul had allegedly referred to Shah as a “murderer”


The Supreme Court on Monday (January 20) stayed trial court proceedings against Congress leader Rahul Gandhi in a criminal defamation case filed against him for alleged defamatory remarks against Union Home Minister Amit Shah.

Naveen Jha, a BJP worker, had filed the case against Rahul in 2019 for his alleged remarks against Shah.

During one of his public speeches in Chaibasa before the 2019 Lok Sabha elections, Rahul had allegedly referred to Shah as a “murderer”.

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Plea by third party

A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Jharkhand government and the BJP leader while seeking their response on Rahul’s appeal.

"Issue notice. Till further orders, further proceedings in the trial shall remain stayed," the bench said. Senior advocate Abhishek Singhvi, appearing for Rahul, said there are several judgements which say that only the aggrieved person can file a criminal defamation complaint. He submitted that the defamation complaint cannot be filed by a proxy third party.

Senior advocate Mahesh Jethmalani appeared for Jha.

Rahul has challenged the Jharkhand High Court order, which rejected his petition to quash proceedings against him in a trial court in connection with the complaint.

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Contested court order

The Congress leader had contested the decision of a magisterial court in Ranchi, which instructed him to personally appear before the court to undergo trial. Later, Rahul moved the high court, which issued a stay order on any further actions in the lower court against him.

After recording the statements of the complainant and witnesses, the magistrate had found merit in the case against Rahul and directed him to appear before the trial court on February 4, 2023.

Later, the HC, while issuing a stay on the notice issued by the magistrate, ordered that “no coercive steps” be taken against Rahul.

(With agency inputs)

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