Bombay HC Rejects Rahul Gandhi Plea to Quash Modi Defamation Case
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New Delhi, Sept 08: The Bombay High Court on Tuesday refused to quash a criminal defamation case against Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi over remarks made against Prime Minister Narendra Modi in connection with the Rafale fighter jet deal.
The Maharashtra Advocate General opposed the plea, maintaining that the material on record disclosed a prima facie case warranting continuation of the proceedings.
Justice Borkar found no apparent illegality or perversity in the magistrate’s order and declined to exercise the High Court’s inherent powers to quash the case.
However, the High Court has continued its earlier direction deferring proceedings before the magistrate for six weeks, giving Gandhi an opportunity to approach the Supreme Court.
A single bench of Justice N. R. Borkar dismissed Gandhi’s petition challenging an August 28, 2019 order of the Girgaum Metropolitan Magistrate, which had issued proceedings against him following a complaint by M. H. Shrishrimal, a BJP member.
The complaint relates to remarks in which Gandhi allegedly referred to Modi as “Commander-in-Thief” and “Choro Ke Sardar”. Shrishrimal contended that the remarks were defamatory and affected the reputation of Modi and identifiable BJP members.
The Bombay High Court on Tuesday rejected the plea filed by Leader of Opposition Rahul Gandhi challenging the defamation plea over his remarks about Prime Minister Narendra Modi.@RahulGandhi @narendramodi @BJP4India #BombayHighCourt pic.twitter.com/y7d6l6ecR3
— Bar and Bench (@barandbench) September 8, 2026
Gandhi’s lawyers argued that the complaint was not maintainable as the remarks were directed at the Prime Minister and did not specifically name the BJP or its members. They also questioned whether the complainant could claim to be an aggrieved person.
Justice Borkar found no apparent illegality or perversity in the magistrate’s order and declined to exercise the High Court’s inherent powers to quash the case.
However, the High Court has continued its earlier direction deferring proceedings before the magistrate for six weeks, giving Gandhi an opportunity to approach the Supreme Court.