Remark On Amit Shah| 'He Is Not Ready For Hearing': Jharkhand High Court Vacates Its Order Granting Relief To Rahul Gandhi

The Jharkhand High Court last week vacated its order of May 2022 wherein it granted relief to Rahul Gandhi in connection with a criminal defamation complaint pending before the Chaibasa Court over his alleged remark made in March 2018 against the then BJP President Amit Shah.

The bench of Justice Anil Kumar Choudhary passed this order as it observed that Gandhi is not ready for hearing in the petition moved by him challenging the criminal complaint moved before the Chaibasa Court by complainant Pratap Kumar.

The case against Gandhi pertains to a statement made by him in the year 2018 wherein he allegedly said that people will accept a man accused of murder as the President of the BJP (referring to the then BJP President Amit Shah), but they will never ever accept the same in the Congress Party, because they hold Congress in the highest regard.

For context, it may be noted that last year, Gandhi moved the HC challenging the summoning order and the order of the Court taking cognizance under Section 500 of the Indian Penal Code.

It was argued by Gandhi's counsel before the HC that the complainant in the case was not an aggrieved person in terms of Section 198 of CrPC and that explanation (2) of Section 499 of IPC states that an association, a company or a collection of persons is capable of being defamed, but such person must be determined body.

It was the further argument of Gandhi's counsel that the alleged statement was made while addressing an internal meeting of the All India Congress Committee and that it was not meant for anybody else.

In view of these submissions, the Jharkhand HC, in May 2022, passed an order directing that no coercive steps be taken against Gandhi in the case. The said order was extended from time to time. However, when the matter appeared last week before the HC, the Court vacated its order after Gandhi's counsel sought further time in the case as it noted that Gandhi was not ready for a hearing before the HC.

However, the bench of Justice Choudhary did grant his counsel further time and listed the matter for hearing after two weeks.

It related news, the Jharkhand High Court last week reserved its verdict in the plea moved by Gandhi to quash another defamation filed against him by the magisterial court in Ranchi in connection with the same alleged remark against Amit Shah.