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Bombay HC refuses to quash defamation case against Rahul Gandhi over PM Modi remarks
Sep-08-2026

The Bombay High Court (HC) has refused to quash the criminal defamation case against Congress leader Rahul Gandhi over his alleged remarks describing Prime Minister Narendra Modi as ‘Choro Ke Sardar’ and ‘Commander-in-Thief’. 

A single bench of Justice NR Borkar dismissed Gandhi’s petition challenging the magistrate court's order. The Court, however, granted Gandhi six weeks’ relief from appearing before the magistrate, enabling him to approach the Supreme Court against the High Court’s decision. The direction deferring proceedings before the magistrate, which had been issued earlier, was continued for the six-week period.

The defamation complaint was filed by a BJP member Mahesh Shrishrimal before a Girgaum magistrate stating that Gandhi’s statements were made in a rally in Rajasthan and had hurt the sentiments of all BJP supporters. He also relied upon a video posted by Gandhi on his social media account in which the ‘commander-in-thief’ reference was allegedly repeated.

The magistrate issued summons in August 2019. Gandhi subsequently approached the Bombay HC after receiving the summons in 2021, seeking quashing of the proceedings.  Shrishrimal’s advocate Rohan Mahadik opposed Gandhi’s petition. 

Senior Advocate Sudeep Pasbola, appearing for Gandhi, argued that complaint against Gandhi was frivolous, non-maintainable, and intended for harassment by adversaries, as only an aggrieved person could file it. But advocate General Milind Sathe argued that Shrishrimal also qualified as an aggrieved person who had the locus standi/legal right to file the complaint and that the complaint should not be quashed at the preliminary stage.

Justice Borkar said BJP is a ‘determinate body with a class of members’, and complainant Shrishrimal is an active member of the party since 2018. He added, ‘Prime Minister Narendra Modi is a prominent face of the BJP, and any remarks made against him therefore cannot be said to be incapable of affecting those who are members of the party’.

Whether the remarks made by Gandhi were of a personal nature intended against PM Modi alone could be determined only during the trial after examination of evidence and witness statements, he added.

Justice Borkar further said the court did not find any ‘perversity and illegality’ in the magistrate's order and hence no reason to interfere. He added,’ This court finds no infirmity in the order. Hence, the petition is dismissed’.
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