The Bombay High Court has dealt a legal setback to Congress leader Rahul Gandhi, refusing to quash the criminal defamation case linked to his remark calling Prime Minister Narendra Modi a "chowkidar chor hai" (the watchman is a thief). Rahul Gandhi, the Leader of Opposition in the Lok Sabha, will now have to face trial in the case after the court rejected his argument that the complaint itself was not maintainable.
What the case is about
The case stems from Rahul Gandhi's remark targeting Prime Minister Narendra Modi with the phrase "chowkidar chor hai." Following the remark, a complainant filed a criminal defamation complaint before a magistrate court, which issued a summons to Rahul Gandhi. He challenged that summons before the Bombay High Court, arguing that the complaint could not legally stand because his statement neither named any political party nor targeted any "identifiable or definite class" of people.
What the High Court said
Hearing the matter, the single bench of Justice Nitin Borkar rejected Rahul Gandhi's argument. The bench observed that the Bharatiya Janata Party is a registered national political party and is therefore, in itself, a clearly identifiable entity. The court also noted the complainant's claim of having been an active member of the Bharatiya Janata Party for two decades. According to the bench, on the face of it, a remark calling the Prime Minister, who is himself a member of the Bharatiya Janata Party, the "commander-in-thief" cannot be treated as confined only to the party's senior leadership. The court said the real intent behind the statement and its effect on ordinary party members are questions that will have to be examined during the trial.
Rahul Gandhi's lawyer's argument
Appearing for Rahul Gandhi, advocate Sudeep Pasbola argued before the High Court that the alleged post on X did not name the Bharatiya Janata Party or any other political party. He said the statement did not target any "identifiable or definite class," meaning there was no clearly aggrieved person or group in the case. On this basis, he contended that the complainant had no legal standing to pursue a criminal defamation case.
Maharashtra government's stand
The Maharashtra government also opposed Rahul Gandhi's petition. The state's Advocate General told the court that it needed to examine whether the essential elements required for the offence of defamation existed in this case, and also whether the remark actually related to a definite and identifiable group. Following this opposition, the court dismissed Rahul Gandhi's plea, clearing the way for the case to proceed before the trial court.
