New Delhi: The Supreme Court on Monday 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 Gandhi in 2019 for his alleged remarks against Shah.
During one of his public speeches in Chaibasa before the 2019 Lok Sabha elections, Gandhi had allegedly referred to Shah as a “murderer”.
A bench of Justices Vikram Nath and Sandeep Mehta issued notice to the Jharkhand government and the BJP leader while seeking their response on Gandhi’s appeal.
“Issue notice. Till further orders, further proceedings in the trial shall remain stayed,” the bench said. Senior advocate Abhishek Singhvi, appearing for Gandhi, said there are several judgments 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.
Gandhi 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.
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, Gandhi 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 Gandhi 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 Gandhi.–(PTI)
