The Supreme Court on Tuesday (October 13, 2026) stayed criminal defamation proceedings against Congress MP Rahul Gandhi over his alleged 2019 remarks calling Prime Minister Narendra Modi “commander-in-thief” over the Rafale fighter jet deal.
A Bench of Justices Vikram Nath and Aparesh Kumar Singh passed the interim order on a petition filed by Mr.
Gandhi, the Leader of the Opposition in the Lok Sabha, challenging the Bombay High Court’s September 8 decision refusing to quash the proceedings.
“In the meantime, further proceedings before the trial court shall remain stayed,” the court ordered.
Supreme Court stays Rahul Gandhi’s conviction in ‘Modi surname’ remark criminal defamation case Senior advocate Abhishek Manu Singhvi, appearing for Mr.
Gandhi, sought a stay on the ground that the proceedings were not maintainable.
The Bench also issued notice to the Maharashtra government and the complainant, Bharatiya Janata Party (BJP) member Mahesh Shrishrimal, and posted the matter for hearing after four weeks.
The complaint arose from two sets of remarks allegedly made by Mr.
Gandhi in September 2018.
Mr.
Shrishrimal objected to his use of the phrase “Hindustan ka chowkidar chor hai” at a rally in Rajasthan on September 20 and to a subsequent social media post in which he allegedly described the Prime Minister as “Commander in Thief”.
Rahul Gandhi moves Supreme Court in defamation case Mr.
Shrishrimal alleged that the remarks imputed theft not only to Mr.
Modi but also to members of the BJP and others associated with him, and sought Mr.
Gandhi’s prosecution for criminal defamation under Section 500 of the Indian Penal Code.
Proceedings were initiated by a Mumbai magistrate court in 2019.
Gandhi subsequently moved the Bombay High Court in November 2021, denying the allegations and seeking quashing of the proceedings.
Justice N.R.
Borkar of the High Court rejected Mr.
Gandhi’s contention that the BJP was not an identifiable body for the purpose of the defamation complaint.
“On a prima facie reading of the defamatory statement, inter alia describes the Prime Minister, who is also the prominent face of the said political party, as having engaged in the acts of theft, while being the Commander of Thieves.
Therefore, at this threshold stage, it cannot be said that the alleged defamatory imputation is incapable of extending to those clearly identified with the party and its leadership, including its office bearers,” the High Court had held.
Rahul Gandhi’s plea not listed for hearing on October 13, faces routine clerical hurdles The High Court had also said that whether the alleged remarks affected only the Prime Minister or extended to other BJP members was a matter of evidence to be determined by the trial court.
“For the aforesaid reasons, and in the absence of any manifest illegality or perversity in the impugned order, it is not a fit case for interference in exercise of inherent jurisdiction under Section 482 of the CrPC.
This court finds no infirmity in the impugned order,” it had said.
