In relief to Congress leader Rahul Gandhi, Jharkhand High Court has stayed the non-bailable warrant issued against him by Chaibasa civil court on February 27 this year in a 2018 defamation case concerning his remarks on Union Home Minister Amit Shah.

Justice Rajesh Kumar presiding over the case, postponed the warrant for one month with a condition, directing Gandhi to take necessary legal measures before the trial.

Justice Kumar observed, “Considering the fact that it is a bailable offence, the impugned order dated 27.02.2024 is kept in abeyance for a month enabling the petitioner to participate in the proceeding in the court below.

If the petitioner participates in the proceeding, the court below is directed to proceed accordingly and pass a fresh order in accordance with law, without being prejudiced by its earlier order or by the order of this Court,” he added.

Notably, on February 27, the MP-MLA Court of Chaibasa district had issued the non-bailable warrant against Gandhi. Subsequently, on March 14, the court had insisted on Gandhi's physical appearance, rejecting his plea to be represented by a pleader.

Gandhi, in response, lodged a petition in the High Court challenging the warrant.

The case stemmed from a complaint filed by Pratap Katiyar, a resident of Chaibasa, alleging derogatory remarks made by Gandhi against former BJP chief Amit Shah during a Congress convention in 2018.

In his purported remarks, Gandhi had stated that no murderer could ascend to the position of national president within the Congress party. He further remarked that such an occurrence was only conceivable within the BJP.

Previously, in 2018, a bailable warrant had been issued against Gandhi by the Chaibasa court based on this complaint. Despite Gandhi's plea to quash the case, the High Court had dismissed his petition.

Gandhi is currently facing three defamation cases in Jharkhand, pertaining to his comments against Prime Minister Narendra Modi and Union Minister Amit Shah. Two of these cases were filed in separate courts in Ranchi, while the third was initiated in Chaibasa.

Case No.: W.P.(Cr.) No.230 of 2024

Case Title: Rahul Gandhi vs The State of Jharkhand and Anr

LL Citation: 2024 LiveLaw (Jha) 51

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