'Murder Accused-Amit Shah' Remark| Jharkhand HC Reserves Verdict On Rahul Gandhi's Plea To Quash Defamation Case

Sparsh Upadhyay

16 May 2023 7:46 PM IST

  • Murder Accused-Amit Shah Remark| Jharkhand HC Reserves Verdict On Rahul Gandhis Plea To Quash Defamation Case

    The Jharkhand High Court today reserved its verdict on the plea moved by Disqualified MP Rahul Gandhi to quash the defamation filed against him by the magisterial court in Ranchi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused in March 2018.The bench of Justice Ambuj Nath reserved its orders today after both sides concluded their arguments...

    The Jharkhand High Court today reserved its verdict on the plea moved by Disqualified MP Rahul Gandhi to quash the defamation filed against him by the magisterial court in Ranchi for allegedly maligning BJP and its then-president leader Amit Shah by calling him a Murder Accused in March 2018.

    The bench of Justice Ambuj Nath reserved its orders today after both sides concluded their arguments in the case. 

    The case against Gandhi filed by BJP Leader Navin Jha pertains to a statement made by Gandhi in 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.

    It is Jha's case that Shah had already been discharged by the sessions court in the Murder case when Gandhi made the statement in March 2018 and since, he was no more an accused, therefore, Gandhi's statement was false and bogus.

    In a counter affidavit filed by Jha pursuant to Jharkhand HC's order, it has been stated that though Gandhi has the fundamental right to speech and expression, however, the said right is subject to reasonable restrictions and the speech made by him, goes to show that he does not have any respect for the fundamental right of any organization, body or group of people.

    "The assertion made that Sri Amit Shah is a murder accused is absolutely false and bogus...It is an admitted fact that Sri Amit Shah has been discharged vide order dated 30.12.2014 by the learned Court of Sessions for Greater Bombay, passed in Sessions Case No. 177/2013 @ 178/2013 @ 577/2013 @ 312/2014, and therefore, Sri Amit Shah remains no more an accused, and therefore, the assertion made by the petitioner is absolutely false and bogus on the alleged date of occurrence i.e. on 18.3.2018," the affidavit further stated.
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