The “murder accused” remark that drew a criminal defamation complaint against Rahul Gandhi in 2018 was not defamatory, a Sultanpur court has held in acquitting the Leader of Opposition.
Sultanpur: Criminal defamation proceedings that began with a Bengaluru press conference in May 2018 have ended in the acquittal of Leader of Opposition in the Lok Sabha Rahul Gandhi, with a Special MP/MLA Court in Sultanpur, Uttar Pradesh, holding on Monday that his remark about Amit Shah, then BJP national president and now Union Home Minister, was not defamatory. The complaint was filed by a local BJP leader over remarks made during the 2018 Karnataka Assembly election campaign. [Vijay Mishra v. Rahul Gandhi]
The verdict was pronounced by Additional Chief Judicial Magistrate Shubham Verma. Gandhi was present in court when it was delivered.
What the court decided
The court acquitted Gandhi on Monday, holding that the statement did not amount to defamation. A copy of the written judgment, setting out the court’s full reasoning, is awaited.
The words complained of
The complaint arose from a press conference in Bengaluru in May 2018, during the Karnataka election campaign, at which Gandhi was reported to have said:
“People in India forget that the president of BJP is a murder accused.”
Gandhi was referring to the Sohrabuddin Sheikh fake encounter case. A special CBI court in Mumbai had discharged Shah from that case in 2014.
Complaint, summons and trial
Vijay Mishra, a Sultanpur BJP leader and former chairman of the District Cooperative Bank, filed the complaint on August 4, 2018 under Sections 499 and 500 of the Indian Penal Code (IPC), which deal with defamation and its punishment. Mishra had argued that the remark hurt him as a long-time party worker. “Calling its (then) president a murderer is unjustifiable,” he had said in 2024. Speaking before the verdict on Monday, he said: “I felt very pained because I am a 33-year-old worker of the party.”
The court took cognisance and summoned Gandhi under Section 500 IPC. He appeared in February 2024 and was granted bail on two bonds of Rs 25,000 each. Three witnesses were examined during the trial, and the verdict, initially fixed for October 13, was deferred to October 26.
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Voices before and after
Ahead of the verdict, Uttar Pradesh Congress president Aradhana Mishra “Mona” said, “We have full faith in the justice system.” Congress MP Pramod Tiwari said Gandhi’s statements “were not taken in the right context.” The complainant’s response to the acquittal, including whether he will appeal, is not yet known.
Other cases against Gandhi
Gandhi faces several defamation cases across the country. In March 2023, a Surat court convicted him in a criminal defamation case over his “Modi surname” remark and sentenced him to two years’ imprisonment, which led to his disqualification from the Lok Sabha. The Supreme Court stayed that conviction in August 2023, and his membership was restored. A separate defamation case over his remarks on V.D. Savarkar is being heard by a Pune court.
Under the BNSS, which has replaced the CrPC, an accused who is acquitted may be required to furnish bail bonds to appear before the appellate court if an appeal is filed against the acquittal.
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Case Title: Vijay Mishra v. Rahul Gandhi
Court: Special MP/MLA Court (Additional Chief Judicial Magistrate), Sultanpur, Uttar Pradesh
Presiding Officer: Additional Chief Judicial Magistrate Shubham Verma
Date of Verdict: October 26, 2026
Offence: Sections 499 and 500 IPC (criminal defamation)
Appearances (as reported at the bail stage): For Rahul Gandhi: Advocate Kashi Prasad Shukla; For the complainant: Advocate Santosh Pandey