Bombay HC Refuses To Quash Proceedings Against Rahul Gandhi Over Remarks On PM Modi

Mumbai, September 8, 2026: The Bombay High Court has declined to quash the proceedings against Congress leader Rahul Gandhi who faces allegations of making disparaging remarks about Prime Minister Narendra Modi. Justice N R Borkar dismissed the petition filed by Gandhi, stating that there was "no infirmity" in the summons issued by the Girgaon magistrate. The court maintained an interim order of stay for six weeks, allowing Gandhi to seek further review from the Supreme Court.

The controversy erupted in 2018 when Mahesh Hukumchand Shrishrimal, a BJP member, lodged a complaint alleging that Gandhi made defamatory statements during a political rally in Rajasthan. The complainant claimed that these remarks tarnished the reputation of Prime Minister Modi and resulted in online backlash on media and social platforms. Gandhi, the leader of the opposition in the Lok Sabha, filed a petition in the High Court in July 2021, arguing that the complaint was politically motivated and lacked legal merit.

Senior advocate Sudeep Pasbola, representing Gandhi, contended that the complainant was not an "aggrieved person" under Section 199 of the CrPC. However, the court rejected this argument, emphasizing that a recognized political party with a defined structure and identifiable members could be considered an aggrieved party. The court noted that Shrishrimal had been an active BJP member for over two decades, and the alleged remarks against Modi could potentially extend to the party's members and officials.

Justice Borkar acknowledged that the question of whether the imputation was solely directed at Prime Minister Modi or also affected other party members would be determined during the trial. The court ruled that there was no illegality or perversion in the magistrate's order, dismissing Gandhi's petition to quash the proceedings.