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Synopsis

A single-judge bench of the Bombay High Court, presided by Justice Sarang Kotwal, deferred the hearing in the plea filed by Congress leader Rahul Gandhi. The plea sought to quash the summons issued to him in a complaint against his remarks made against Prime Minister Narendra Modi in 2018.

Gandhi was issued a process after a complaint was filed by a BJP supporter in November 2021. Subsequently, Gandhi approached the Bombay High Court seeking the quashing of the summons.

The high court had then directed the magistrate to defer the hearing in the case until the process was challenged before the high court was decided. As a result, the high court granted relief to Gandhi and exempted him from appearing before the magistrate in the defamation case.

Earlier, on June 12, 2023, the high court adjourned the hearing to August 2 and extended the interim relief. Similarly, on April 13, 2023, the high court also adjourned the hearing and extended the interim relief. Now, Gandhi's plea has been further adjourned for 2 months to September 26, 2023.

In April 2023, the plea was adjourned for 2 months after Advocate Kushal Mor sought an adjournment, citing the unavailability of Advocate Sudeep Pasbola, who was representing Gandhi.

During that hearing, Advocate Nitin Pradhan, representing the complainant, expressed his concern about Gandhi enjoying an exemption from appearing before the magistrate court while he was accountable to his clients.

The present criminal proceedings were initiated against Gandhi in August 2019 by the metropolitan magistrate when a BJP leader filed a complaint against Gandhi stating that his remark against PM Modi was a direct allegation against the BJP members and Indian citizens who are connected to Modi.

Case Title: Rahul Gandhi vs Mahesh Hukumchand Shrishrimal