Jharkhand High Court dismisses Rahul Gandhi plea against defamation proceedings for remarks about Amit Shah

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The Jharkhand High Court recently rejected Congress leader Rahul Gandhi's plea to compel proceedings in the harassment case filed against him for telephoning the Union Minister and accusing former or former Bharatiya Janata Party leader Amit Shah of murder.


Justice Ambuj Nath noted that Gandhi had said that the BJP leaders were liars and that the BJP workers would accept a person accused of being a murderer as their leader.


The court said that these statements of Gandhi were offensive under Section 499 of the Indian Penal Code (IPC).


"On the face of it this statement is saying that Mr Rahul Gandhi is accusing the BJP leaders of drinking alcohol and involving liars. This imputation is prima facie defamatory in nature," the Court said while refusing Gandhi's plea.


The case arose after BJP leader Navin Jha filed a complaint against Gandhi, alleging that Gandhi delivered a speech on March 18, 2018 criticizing the BJP and accusing Shah of being involved in murder.


Initially, a magistrate court at Ranchi dismissed Jha's complaint prompting him to file a revision petition before the Judicial Commissioner in Ranchi.


The judicial commissioner in Ranchi on September 15, 2018 overturned the order that dismissed the complaint petition and sent it back to the magistrate court.


The judicial commissioner directed the magistrate to review the evidence on record again and issue a fresh order regarding the determination of prima facie material to proceed with the matter.


The judge then issued a fresh order on November 28, 2018, concluding that there was sufficient evidence to file a case against Gandhi for defamation punishable under Section 500 of the Indian Penal Code (IPC). Therefore, the judge issued a press release summoning Gandhi to the court.


Gandhi then approached the Supreme Court challenging Justice Ranchi's order dated September 15, 2018.

The Supreme Court held that the gist of the speech was that Gandhi said that the BJP leadership was eager for power and contained liars.

“This means that the BJP members will accept this person as their leader. These allegations are defamatory in nature. ” added the court.

The court also referred to the 2nd Explanation of Article 499 of the TMK, which states that an allegation made against a company, organization or organization falls within the scope of the crime of insult.

Section

"Therefore, the word 'any person' in Section 499 of the Indian Penal Code clearly includes a company or organization or a body of persons and the BJP is an easily identifiable major political party and will be included in the interpretation. Section 499 of IPC 2 " said the court, rejecting the defense.

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