Jharkhand HC quashes court order on 2018 defamation case over Rahul Gandhi's remarks against Amit Shah

RANCHI: The Jharkhand High Court on Thursday, quashed a local court order linked to alleged derogatory remarks made by Leader of Opposition Rahul Gandhi against the then BJP President Amit Shah. A single-judge bench of Justice Anil Kumar Choudhary also sent the matter back to the lower court for fresh consideration. While passing the order, the court observed that the Chief Judicial Magistrate appeared to have been influenced by the directions of the Sessions Court while taking cognizance in the case. The High Court stated that the order was passed by the Chief Judicial Magistrate, influenced by the order passed by the Sessions Court. Notably, the case stemmed from a criminal complaint filed against Gandhi, which was initially dismissed by the Chief Judicial Magistrate in Chaibasa. The complainant then moved the Sessions Court by filing a criminal revision petition challenging that dismissal. The Sessions Court subsequently allowed the revision petition, directing the lower court to hear the petitioner and pass afresh order in accordance with the law. Then, the Chief Judicial Magistrate again took cognisance of the case and even issued a summons to Gandhi. The High Court, however, found this entire process legally flawed, observing that the Chief Judicial Magistrates decision of taking cognizance into the matter was influenced by the Sessions Court. It, therefore, quashed the cognizance order and directed the lower court to reconsider the matter afresh in accordance with the law. Advocate Dipankar Rai, appearing on behalf of Rahul Gandhi, argued that the cognisance proceedings were illegal and procedurally defective. The High Court agreed with his submissions, providing much-needed relief to the Congress leader amid a series of legal battles across the country. Earlier on March 18, 2018 in the AICC Plenary Sessions in New Delhi, Rahul Gandhi reportedly had said that that, The people of this country will never accept a lying Bhartiya Janata Party leadership drunk with power because they know that, what the Bhartiya Janata Party is designed for. Further, he went on saying, They will accept a man accused of murder as the President of the Bhartiya Janata Party, but the people will never accept the same in the Congress Party. Hurt by the statement made by Rahul Gandhi, a BJP worker Pratap Kumar filed a complaint at the court of Chief Judicial Magistrate in Chaibasa on July 9, 2018. The court took cognizance in the matter in February 2022 and then issued summon against Rahul Gandhi, which was received by his office.