Rahul Gandhi Granted Bail in Defamation Case: Sultanpur Special Court Decision on 20th February

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Rahul Gandhi has been granted bail by a special court in Sultanpur on 20th February in a defamation case dating back to 2018. The case was filed by Vijay Mishra following remarks made by Gandhi during a press conference in Bengaluru, where he alleged that the BJP, led by Amit Shah, was associated with dishonest politics. Gandhi’s absence from a previous hearing due to his participation in the Bharat Jodo Nyay Yatra was noted during the proceedings.

Sultanpur: On 20th February, a Special Court in Sultanpur granted bail to Congress leader Rahul Gandhi in connection with a defamation case originating from 2018. The petition was filed by Vijay Mishra on August 4, 2018, following remarks by Gandhi made about Home Minister Amit Shah during a press conference in Bengaluru on May 8 of the same year, at the time of the Karnataka elections.

Defamation under the Indian Penal Code (IPC) refers to the act of making a false statement about someone that harms their reputation.

Section 499 and Section 500 of the IPC define defamation as an offense punishable by law.

Section 499 specifies what constitutes defamation, while Section 500 outlines the punishment, which may include imprisonment and/or a fine. Defamation can be either spoken (slander) or written (libel), and it must be proven that the statement was made with the intent to harm the reputation of the individual or entity concerned.

The complainant remarked on Gandhi’s statement in which he claimed that the BJP is trying to uphold dishonest politics and that the leadership was headed by a party president “accused in a murder” case. At the time Gandhi made this statement, Amit Shah held the position of BJP president.

“The BJP is the biggest party of the country. Calling its (then) president a murderer is unjustifiable,”
Vijay Mishra, the complainant.

However, approximately four years before Gandhi’s statement, a special CBI court in Mumbai had acquitted Shah of charges related to a 2005 fake encounter case. The decision was made during Shah’s tenure as the minister of state for home in Gujarat.

“Congress leader Rahul Gandhi held a press conference in Bengaluru. About 5 years ago Amit Shah who is currently the Home Minister, objectionable remarks were made against him. On August 4, 2018, this case was filed in the District and Sessions Court of MP-MLA Court Sultanpur. On which on Monday, Judge Yogesh Kumar Yadav of MP MLA Court Sultanpur has summoned Congress leader Rahul Gandhi on December 16. This statement came from Rahul Gandhi during the Karnataka elections in Bengaluru in 2018,”
Santosh Kumar Pandey .

Rahul Gandhi was absent from the previous hearing at the special MP-MLA court on January 18 due to his participation in the Bharat Jodo Nyay Yatra.

Rahul Gandhi obtained bail by providing a surety of Rs 25,000 along with a personal bond of equal value. Throughout the court proceedings, he asserted his innocence, refuting any culpability related to his statements. No subsequent date has been scheduled for further proceedings in the case.

author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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