MUMBAI: On July 2, 2023, the Bombay High Court granted an extension of the interim relief to Rahul Gandhi, a prominent Congress leader, which absolves him from appearing before the magistrate until September 26. This extension pertains to a defamation suit filed against him by a member of the Bharatiya Janata Party (BJP), in response to his statement referring to Prime Minister Narendra Modi as the 'Commander In Thief.'

Rahul Gandhi is presently challenging the summons issued to him by a magistrate court in connection with this case. However, during a recent hearing, a single bench of Justice S.V. Kotwal did not address the matter but granted the extension to Rahul Gandhi, previously provided in November 2021, until September 26.

The complaint was initially filed by Mahesh Shrishrimal, a member of the BJP Maharashtra State Committee, on September 20, 2018. In his filing, Shrishrimal asserted that during a public rally in Jaipur and later in Amethi,     Gandhi had defamed the Prime Minister and members of the BJP with his remark, 'choukidar chor hain' (guard is a thief). The complainant claimed that these derogatory remarks had caused significant damage to the image of the Prime Minister at both the national and international levels. The offending remarks and related news were widely disseminated through various news channels, newspapers, and social media platforms, amplifying the alleged defamation.

Furthermore, the complainant presented tweets by     Gandhi dated September 24, 2018, which read, "the sad truth about India's Commander in Thief. Modi ji ne kaha tha main desh ka PM nahin banna chahta hoon, main desh ke chaukidaar banna chahta hoon. Aur aaj desh ke dil mein, ek nayi awaaz utt rahi hain, gali gali mein shor hain, Hindustan ka chaukidaar chor hain." (I don't want to be the country's PM, I want to be a guard. But today in the country, people are saying - the guard is the country's thief)

In response to the complaint, the metropolitan magistrate court issued summons to  Rahul   Gandhi on August 28, 2019, stating, "whereas, Rahul Gandhi's attendance is necessary to answer to a charge of section 500 (punishment for defamation) of the Indian Penal Code (IPC). You are hereby required to appear in person or by a pleader in the case before the metropolitan magistrate court on October 3, 2019."

The court's order indicated that the complainant, being a member of the BJP, had the legal standing to file the present complaint. The content of the complaint, sworn under oath, indicated that the alleged defamation had not only affected the Prime Minister but also the members of his party. Based on this, the complainant made a prima facie case for the issuance of legal proceedings against   Rahul Gandhi under section 500 of the IPC.

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