'Chowkidar chor' row: Bombay HC declines to drop defamation case against Rahul Gandhi

Mumbai (The Uttam Hindu): Congress MP Rahul Gandhi has suffered a major legal setback from the Bombay High Court. The court has categorically refused to quash the criminal defamation case against Prime Minister Narendra Modi for his alleged remarks like 'Chowkidar Chor Hai', 'Sardar of Thieves' and 'Commander-in-Thief'. While delivering the verdict on Tuesday, a single bench of Justice Nitin Borkar dismissed Rahul Gandhi's petition challenging the summons issued by the lower court.

'BJP is a registered party, impact of statement will be decided in trial': High Court's strict observation

Rahul Gandhi argued that the statement did not name any particular party or identifiable group, and therefore did not constitute defamation. Rejecting this argument outright, Justice Nitin Borkar stated that the Bharatiya Janata Party (BJP) is a registered national political party and legally constitutes a distinct and identifiable entity. The court noted that the complainant has been an active member of the party for two decades. Prima facie, the impact of calling the Prime Minister, who is a member of the BJP, "Commander-in-Thief," cannot be limited to the top leadership. The court clarified that the true intent of the statement and the damage it caused to the reputation of party workers will be determined during the trial.

BJP worker had filed a complaint, had made serious allegations

This defamation complaint was filed by BJP worker Mahesh Shrishrimal in the Metropolitan Magistrate's court, on the basis of which the magistrate summoned the Congress leader. The complainant argued that Rahul Gandhi's calling the Prime Minister of the country "commander of thieves" indirectly portrays the entire party and its millions of workers as "thieves," causing serious damage to their social image and reputation. Advocate General Dr. Milind Sathe, representing the Maharashtra government, also opposed the petition, arguing that the case cannot be dismissed at this initial stage.

Citing the precedent of the Shashi Tharoor case, the trial will now proceed in a lower court

During the hearing, the Bombay High Court also cited the Delhi High Court's decision in a previous case involving Congress MP Shashi Tharoor, which held that registered political parties constitute an "identifiable group" under defamation law. Following the High Court's strict stance, Rahul Gandhi will now have to face a regular trial in the lower court for this criminal defamation case.