Mumbai: The Bombay High Court on Tuesday rejected Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi’s plea seeking to quash a criminal defamation case linked to his 2018 remarks against Prime Minister Narendra Modi. A single bench of Justice N R Borkar held that there was no “perversity and illegality” in the magistrate’s order and found no grounds to interfere with the proceedings.The court, however, granted Gandhi six weeks of relief from appearing before the magistrate, allowing him time to approach the Supreme Court against the High Court’s decision. The defamation proceedings stem from remarks Gandhi made during a public rally in Rajasthan in September 2018 in connection with the Rafale fighter jet controversy.Bombay High Court Dismisses Rahul Gandhi’s PleaJustice N R Borkar dismissed Gandhi’s petition challenging the August 28, 2019 order of the Girgaon Metropolitan Magistrate, which had issued process against him in the defamation complaint.The High Court said it found no apparent illegality or perversity in the magistrate’s order. The ruling means the criminal defamation proceedings against Gandhi will continue at the lower court level.Gandhi had approached the High Court seeking to stop the proceedings, arguing that the complaint was not legally maintainable and that the complainant did not have the necessary standing to initiate the case.Case Linked to ‘Commander-in-Thief’ RemarkThe complaint relates to remarks Gandhi allegedly made about PM Modi during a rally in Rajasthan on September 20, 2018. The remarks were made in the political context of the Rafale fighter jet deal.The complainant, BJP member Mahesh Shrishrimal, alleged that Gandhi’s comments were defamatory and affected members and supporters of the BJP. Gandhi had also allegedly repeated the remarks in a social media post several days later.The case subsequently reached the Girgaon Metropolitan Magistrate Court, which issued summons to Gandhi in August 2019 after finding a prima facie basis for proceeding with the complaint.What Rahul Gandhi Argued in CourtGandhi’s legal team argued that the complainant was not directly aggrieved by the alleged remarks because the statements were directed at PM Modi rather than at the complainant personally.His lawyers also questioned whether an individual BJP member could initiate criminal defamation proceedings over comments allegedly made against a political leader.However, the High Court did not accept these arguments at the preliminary stage. The court observed that PM Modi was a prominent face of the BJP and that the question of whether the remarks affected party members could be examined during the trial after evidence and witness statements were considered.Court Says Trial Must Examine the EvidenceThe Bombay High Court indicated that questions concerning the exact nature and impact of Gandhi’s remarks should be determined during the trial rather than at the stage of examining whether the complaint should be quashed.The court therefore declined to interfere with the magistrate’s order and allowed the criminal defamation proceedings to move forward.This means the High Court ruling does not decide whether Gandhi is guilty of defamation. Instead, it allows the underlying criminal proceedings to continue before the lower court.Six-Week Relief for Rahul GandhiAlthough Gandhi’s plea was dismissed, the High Court provided him temporary relief from the immediate continuation of the lower-court proceedings.After the order was pronounced, Gandhi’s counsel requested additional time so that the Congress leader could challenge the ruling before the Supreme Court.Justice Borkar continued the earlier interim protection for six weeks. This means Gandhi has time to seek relief from the Supreme Court before the magistrate proceedings resume.Defamation Case Dates Back to 2018The legal dispute has remained pending for several years. The alleged remarks were made during a political rally in Rajasthan in September 2018.The complaint was subsequently filed before the Girgaon Metropolitan Magistrate Court, and the magistrate issued process against Gandhi in August 2019.Gandhi challenged that order before the Bombay High Court. The matter was heard over several years, with the High Court eventually reserving its decision before delivering the latest ruling on September 8, 2026.Political and Legal SignificanceThe ruling comes amid continued political and legal clashes between the ruling BJP and the Congress. Gandhi, as Leader of Opposition, has frequently criticised the Narendra Modi government on issues ranging from economic policy to governance and national security.The defamation proceedings are separate from other legal cases involving political leaders and concern specifically the alleged remarks made against Modi during the Rafale controversy.Latest UpdateThe Bombay High Court has rejected Rahul Gandhi’s plea to quash the criminal defamation proceedings over his 2018 remarks concerning Prime Minister Narendra Modi. Justice N R Borkar found no “perversity and illegality” in the magistrate’s order and dismissed Gandhi’s petition. However, the court granted him six weeks of relief from appearing before the magistrate, giving him an opportunity to approach the Supreme Court.
