Rahul Gandhi By Insinuation Compared All BJP Functionaries to Thieves, Lowered Reputation – BJP Leader Opposes Quashing Of Proceedings

Justice SK Shinde adjourned the petition to January 18, 2022. In the interim, the court deferred the defamation proceedings before the Girgaon magistrate's court beyond January 25.

During the hearing on Thursday, Advocate Niteen Pradhan for the original complainant said that the arguments are likely to be lengthy, and it is only a week for the Christmas break. Therefore, he requested for the matter to be posted beyond the vacation.

For Gandhi, advocates Sudeep Pasbola and Kushal Mor agreed for an adjournment.

Last month, Gandhi approached the Bombay High Court under section 482 of the CrPC to quash a Girgaum Magistrate's order issuing process and summoning him to record his plea under section 204a of CrPC on BJP leader Mahesh Shrishrimal's complainant.

In his plea, Gandhi claimed the constitutional guarantee of freedom of speech and expression protects criticism of the opposite person unless any statement was made with actual malice, which means the statement was "by knowledge and made with reckless disregard whether it was false or not."

In an affidavit filed recently, the complainant said that Gandhi's remarks were clearly directed toward the Prime Minister, thereby not only tarnishing his image but by implication and insinuation comparing all BJP functionaries, including me to thieves and lowering their reputation in society at large.

He accused Gandhi of publishing the video so that the newspaper agencies and other media would further amplify and circulate it.

Not Maintainable

The complainant has opposed Gandhi's quashing petition on the grounds of maintainability. He claims that Gandhi chose to invoke the High Court's extraordinary jurisdiction despite an alternate remeady of filing a revision application in the Sessions court against the summons issued to him.

The complainant contended that a prima facie case is made out. Morevoer, the Magistrate has issued process and summoned Gandhi only after he had entered the witness box, led evidence following which the evidence was scrutinized.

"Since this statement insinuates and alludes all the office bearers and workers of the BJP as thieves, I being an active functionary, felt aggrieved by the defamatory publication," he said.

Petition

In his petition Rahul Gandhi states that, "The public figures play an influential role in ordering society and the public figures have access to mass media communication, both to influence the police and to counter criticism of their views and activities. In the circumstances, the citizens have a legitimate and the substantial interest in the context of such person and the freedom of speech and expression extends to engaging in uninhibited debate about the involvement of public figure in public issues and events."

It further argues that when the subject matter is a question in the public domain and envisages a raging political debate, and there are opinions on both sides, it would not fall under the category of defamation.

Referring to the Metropolitan Magistrate's order issuing process against Gandhi, the petition states that the order is passed mechanically "and does not even contain the minimum reasoning as would be required for issuing process against any person."