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Synopsis

The Jharkhand High Court recently dismissed a plea filed by Rahul Gandhi, challenging the defamation proceedings initiated against him for making remarks against the Bharatiya Janata Party (BJP).

“It appears that prima facie case under sections 499/500 of the Indian Penal Code is made out against the petitioner Mr. Rahul Gandhi for imputing the Bhartiya Janata Party leadership as liars and drunk with power,” the order reads.

A single-judge bench of the high court presided over by Justice Ambuj Nath, heard a petition filed by Gandhi challenging the defamation proceedings.

This came after he remarked the President of the BJP and Union Home Minister, Amit Shah, labelling him as a murder accused.

Gandhi stated that people will accept a lying BJP Leadership drunk with power because they know that it is what they are known for.

“The people of this country will accept a lying Bhartiya Janata Party leadership drunk with power because they know that, what the Bhartiya Janata Party is designed for. Further he went on to say. They will, accept a man accused of murder as the President of Bhartiya Janata Party but the people will never accept the same in the Congress Party,” Gandhi said.

The defamation case was filed by BJP leader Navin Jha after Gandhi made the said remark during a speech.

Initially, the magistrate court, before whom the case was filed, dismissed the complaint filed by Jha. However, dissatisfied with the order, Jha approached the Judicial Commissioner.

The Judicial Commissioner allowed Jha's revision application and remitted the case back to the magistrate court for reconsideration.

Subsequently, upon reconsideration, the magistrate court found a prima facie case against Gandhi to be proceeded against under Sections 499 and 500 of the IPC.

Aggrieved with the orders of both the Judicial Commissioner and the Magistrate Court, Gandhi approached the high court, challenging the proceedings.

The high court rejected the petition filed by Gandhi while observing that the imputation made was prima facie defamatory.

“Prima facie this statement points out that Mr. Rahul Gandhi has imputed that the Bhartiya Janata Party leadership was drunk with power and was composed of liars. It further means that the party workers of Bhartiya Janata Party will accept such person/persons as their leader. This imputation is prima facie defamatory in nature,” the order reads.

The bench also observed that “any person” under Section 499 of the Indian Penal Code includes a company or association or a collection of persons and Bhartiya Janata Party is a prominent political party that is well identifiable and will come within the meaning of Explanation-2 of Section 499 of IPC.

Case title: Rahul Gandhi vs State of Jharkhand & Anr