In a defamation case against Rahul Gandhi, the Jharkhand High Court has intervened by staying the arrest warrant issued against him. The warrant was issued after Gandhi failed to appear in court for calling Union Home Minister Amit Shah a murder accused, with the court deeming his comments potentially defamatory under IPC
Ranchi: On March 20: The Jharkhand High Court stayed a non-bailable arrest warrant issued against prominent Congress leader Rahul Gandhi. The warrant was issued by a local court in response to a criminal defamation case lodged against Gandhi for his remarks characterizing Union Home Minister Amit Shah as a murder accused.
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The warrant issued by a special court in Chaibasa on February 27 after Gandhi’s non-appearance, prompting his move to challenge this order in the High Court.
Justice Rajesh Kumar, the presiding judge, observed that
“Given the bailable nature of the offense, the warrant issued on 27.02.2024 is hereby suspended for a month to enable the petitioner’s engagement in the lower court proceedings. Should the petitioner partake in the proceedings, the lower court is instructed to proceed accordingly and issue a fresh order in accordance with legal provisions, unaffected by its prior decision or this Court’s directive,” stated the Court.
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Background
The case was initiated by a complaint filed by Pratap Katiyar, a resident of Chaibasa, alleging Gandhi’s derogatory comments against Amit Shah during a Congress convention in 2018, where Gandhi accused Shah of involvement in murder.
Gandhi had previously been granted interim protection in May 2022, but the issuance of the warrant on February 27 came following his failure to appear in court. His legal counsel highlighted to the High Court that Gandhi was eager to participate in the trial, citing a miscommunication regarding the earlier-granted interim protection, which was subsequently vacated in May 2023.
The Court, after considering the submissions, found it fit to keep the special court order in abeyance for a month.
Advocates Kaushik Sarkhel, Deepankar, and Shray Mishra represented Gandhi, while Advocate Anish Kr Mishra appeared for the respondent.
The High Court dismissed Gandhi’s request to cancel the defamation case against him. They found his comments about BJP leaders being dishonest and willing to accept a murder accused as their president were likely defamatory under Section 499 of the Indian Penal Code.
CASE TITLE: Rahul Gandhi v State
