Rahul Gandhi's plea against defamation complaint raises legal issues, says HC; seeks Advocate General's opinion
Advocate General on the legal issues involved in a petition filed by Congress leader Rahul Gandhi challenging the defamation proceedings initiated against him by a magistrate's court over his alleged remarks against Prime Minister Narendra Modi. Mahesh Shrishrimal, who claims to be a Bharatiya Janata Party (BJP) worker, has filed a defamation complaint over Rahul Gandhi's «commander-in-thief» remark about prime minister Modi in 2018.
After Gandhi challenged the lower court's summons, the high court, in November 2021, directed the magistrate to defer the hearing. Since then, the hearing on Gandhi's petition before the high court has been adjourned from time to time and the interim relief granted to him (deferment of proceedings before the magistrate) was also extended.
Hearing Gandhi's petition on Tuesday, Justice S V Kotwal of the high court noted that it raises some «important questions of law.»
«Therefore, I deem it necessary to request the advocate general of Maharashtra to address the court on all the legal issues involved in this case,» he said. The HC posted the matter for further hearing on October 17 and extended the interim relief granted to Gandhi till then.
Gandhi's lawyer advocate Sudeep Pasbola referred to section 199 (2) of the Code of Criminal Procedure, under which a sessions court can take cognizance of a case where the offence is alleged against a public servant in respect of discharge of public functions.
Hence, a magistrate can not hear such a case, the lawyer said.
