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Synopsis

A single-judge bench of the Bombay High Court comprising Justice Amit Borkar on Thursday adjourned the hearing in the plea filed by Congress leader Rahul Gandhi for quashing summons issued to him in a complaint filed against him for his remarks against the Prime Minister in 2018. 

The complaint filed against the Congress leader relates to a remark made by him during a speech in 2018. Gandhi had allegedly called the Prime Minister "Commander in Thief" in his speech referring to the Rafale Deal. 

When the plea came up for hearing today, Advocate Kushal Mor sought an adjournment since Advocate Sudeep Pasbola appearing for Gandhi was not available.

Advocate Nitin Pradhan appearing for the complainant said that even he was answerable to his clients and that Gandhi was enjoying an exemption from appearing before the magistrate court. He sought a date before the court vacations. 

The court, however, said that if it is not listed by then, he may file for circulation to which Pradhan said that there are factors like urgency and discretion of the court and other difficulties.

The bench responded to him saying that the court has more difficulty than him. "There are other factors also. And I always have more difficulties than you. But like today, due matters also reach. And in this court, all circulations are granted."  the bench said.

The court then adjourned the hearing in the plea till  June 12, and continued the interim relief granted to Gandhi for not appearing before the magistrate after the summons had been issued to him.

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 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