The Supreme Court has stayed the trial in the criminal defamation case against Rahul Gandhi over his remark about Prime Minister Narendra Modi, and has issued notice on his plea.
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New Delhi: The Supreme Court on Tuesday stayed further proceedings before the trial court in the criminal defamation case against Congress leader Rahul Gandhi over his alleged “Choro Ke Sardar” and “commander-in-thief” remarks about Prime Minister Narendra Modi, and issued notice on his challenge to the Bombay High Court’s refusal to quash the case [Rahul Gandhi v. State of Maharashtra, Additional Chief Secretary (Home) and Anr.].
A Bench of Justice Vikram Nath and Justice Aparesh Kumar Singh made the notice returnable in four weeks. The matter is a Special Leave Petition, SLP (Crl) No. 19559/2026, against the High Court’s order of September 8, 2026.
The order
“Issue notice returnable in 4 weeks. In the meantime, further proceedings before the trial court shall remain stayed.”
Senior Advocate Abhishek Manu Singhvi appeared for Gandhi.
The case
The complaint was filed by Mahesh Shrishrimal, a Bharatiya Janata Party worker, before the Metropolitan Magistrate at Girgaum, Mumbai. It alleges that Gandhi made defamatory remarks about Prime Minister Modi at a rally in Rajasthan in September 2018, in the context of the Rafale fighter jet deal, and that the Prime Minister was consequently trolled on news channels and social media. The Magistrate issued summons in August 2019. Gandhi challenged the summons before the High Court after receiving it in July 2021.
What was argued before the High Court
Gandhi’s counsel argued that the complaint was not maintainable. He submitted that Gandhi had not named the BJP or any political party, that no identifiable or definite class was targeted, and that without a clearly aggrieved person or group the complainant lacked locus standi. Reading the remark as applying to party workers, he said, cannot sustain a criminal defamation action.
The complainant argued that the remarks targeted the Prime Minister and, by extension, the ruling party and its members. The State argued that the Court must examine whether the ingredients of defamation are made out and whether the remarks concerned a definite, identifiable group, and that the case should not be quashed at the threshold.
The High Court’s view
The High Court held that the BJP, as a registered national political party, is an identifiable body, and that the effect of the remark on party members would be decided at trial. It found no illegality in the Magistrate’s order. It observed that “it cannot be said that the impugned comment is limited only to the senior leadership of the party.”
Why the order matters
The Supreme Court has not yet expressed any view on the merits. The stay is interim and notice is returnable in four weeks. The issues before the Court include whether the remark amounts to criminal defamation, and whether a political party worker can maintain a complaint when neither the party nor its members are expressly named. The allegations in the complaint are untested, and the presumption of innocence applies.
Case Title: Rahul Gandhi v. State of Maharashtra, Additional Chief Secretary (Home) and Anr. [SLP (Crl) No. 19559/2026]
Bench: Justice Vikram Nath and Justice Aparesh Kumar Singh, Supreme Court of India
Date of Order: October 13, 2026
Appearance: Senior Advocate Abhishek Manu Singhvi for the petitioner