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Defamation Case: Rahul Gandhi’s Petition for Exemption from Court Appearance Scheduled for Hearing

December 7, 2024, 9:57 am

Congress MP and Leader of Opposition, Rahul Gandhi, has filed a petition seeking personal exemption from appearing in court regarding the defamation case linked to his remarks about the ‘Modi surname’. The plea is set to be heard on Saturday.

The case stems from a comment Gandhi made during an election rally in April 2019, where he allegedly said, “Why do all thieves share the Modi surname?” This remark led to a defamation case filed by Ranchi resident Pradeep Modi, along with a separate civil suit seeking Rs 20 crore in damages.

In response to a summons from Ranchi’s MP/MLA Special Court requiring Gandhi’s personal appearance, his legal team filed a petition under Section 205 of the CrPC, seeking exemption. Earlier, the Jharkhand High Court had granted interim relief to Gandhi, excusing him from personal appearances while his petition was under review. The court had ruled in his favor in August, following the MP/MLA Special Court’s dismissal of his initial exemption request.

The controversy surrounding Gandhi’s remarks has led to a series of legal challenges, including the ongoing defamation case in Ranchi.

Supreme Court Dismisses Arvind Kejriwal’s Plea in Defamation Case Over PM Modi’s Degree Remarks

October 21, 2024, 5:46 pm

The Supreme Court of India on Monday dismissed Delhi Chief Minister Arvind Kejriwal’s plea challenging a Gujarat High Court order that refused to quash summons in a criminal defamation case filed by Gujarat University. The case pertains to Kejriwal’s comments regarding Prime Minister Narendra Modi’s educational qualifications.

A bench comprising Justices Hrishikesh Roy and SVN Bhatti stated that the court was not inclined to interfere in the matter, especially considering that a similar plea by co-accused AAP leader Sanjay Singh was dismissed on April 8, 2024.

Arguments Presented

Kejriwal’s counsel argued that the defamation case lacked merit, asserting that the complaint was filed by the Gujarat University registrar, who was not directly mentioned in Kejriwal’s remarks. However, Solicitor General Tushar Mehta countered, stating that Kejriwal had a “habit of making defamatory and reckless statements and then saying sorry.”

The court clarified that although Kejriwal’s legal team referred to relevant legal provisions, the earlier dismissal of Sanjay Singh’s plea influenced its decision to reject Kejriwal’s petition. “We must have a consistent approach,” the bench noted, emphasizing that they were not commenting on the merits of the case but were choosing not to entertain the plea.

The defamation case was filed by Gujarat University registrar Piyush Patel against Kejriwal and Singh after the AAP leaders made “defamatory” and “sarcastic” statements during press conferences and on social media regarding the university and PM Modi’s degrees.

The comments were reportedly made after the Gujarat High Court set aside an order from the Chief Information Commissioner (CIC) requiring the university to provide information about Modi’s educational degrees under the Right to Information (RTI) Act. Following this, Gujarat University filed a defamation case against the two AAP leaders.

Both Kejriwal and Singh had approached the Gujarat High Court, seeking to quash the defamation proceedings in the trial court. After the High Court declined their plea, they escalated the matter to the Supreme Court, which ultimately upheld the High Court’s decision and dismissed Kejriwal’s request for relief from the defamation proceedings.

Pune Court Summons Rahul Gandhi in Defamation Case Filed by Savarkar’s Grandnephew

October 5, 2024, 12:00 am

Rahul Gandhi was summoned by the court in a criminal defamation case in connection with allegations of objectionable remarks by the Congress leader against Hindutva ideologue Vinayak Damodar Savarkar, the latter’s grandnephew Satyaki Savarkar has alleged. The summons was issued on Friday against Rahul who will be present in court on October 23.

In the first week of April 2023, Satyaki Savarkar-the grandson of one of Vinayak Savarkar’s brothers-submitted a complaint against Gandhi accusing him of defamation of Vinayak Savarkar. The complaint alleged that Gandhi had spoken disparagingly of Savarkar while addressing a gathering organized by the Overseas Congress on March 5, 2023.

“Rahul Gandhi, for reasons best known to him, has been repeatedly defaming and abusing Savarkar on various occasions for over many years. On one such occasion, March 5, 2023, when Rahul Gandhi was addressing a gathering of the Overseas Congress in the United Kingdom, he intentionally made wild allegations against Savarkar, knowing the same to be untrue, to harm Savarkar’s reputation,” his complaint stated.

It further alleged, “Rahul Gandhi has deliberately made false, malicious and wild allegations against Savarkar, fully knowing the said allegations to be untrue, with the specific objective of harming his reputation and to defame the surname ‘Savarkar’ and to hurt the feelings of the family of the late Savarkar.”

Satyaki further deposed that the statements of the accused before the various courts had caused mental agony to them as well as their family members and prayed before the court to mete out maximum punishment to them and amount as compensation.

It is not the first case of defamation against Gandhi. A court in Nashik has also recently issued summons to him in another case for the same statements against Savarkar made at a press conference in Hingoli and November 2022 speech. The complainant, who is the head of an NGO, had claimed that his statement had harmed the reputation of Savarkar and maligned the image of Savarkar in society.

Delhi High Court Issues Contempt Notice to Wikipedia Over Defamation Case

September 5, 2024, 4:15 pm

The Delhi High Court on Thursday issued a contempt of court notice to Wikipedia, following its failure to disclose information about edits made to an entry concerning news agency ANI. The court admonished Wikipedia for its non-compliance with Indian laws, stating, “If you don’t like India, please don’t operate here… we will request the government to block your site.”

The case involves a defamation lawsuit filed by ANI against Wikipedia for allowing edits to a page describing the agency as a “propaganda tool” of the Indian government. The court had previously ordered Wikipedia to disclose details about three accounts involved in these edits. ANI claimed that Wikipedia has not yet provided this information.

Wikipedia argued that the delay in releasing the information was due to pending documentation and its status as a non-Indian entity. However, Justice Navin Chawla was not convinced by this explanation.

According to legal news website Bar and Bench, the judge remarked, “It is not a question of the defendant not being based in India. We will block your business transactions here. We will ask the government to restrict Wikipedia’s access.”

The court has scheduled the next hearing for October, and has mandated that a representative from Wikipedia be present.

In response to the case, the Wikimedia Foundation, which oversees Wikipedia, has stated that it does not edit content itself but relies on its global community of volunteer editors. The Foundation described itself as merely a “technology host.”

ANI is seeking damages of ₹2 crore from Wikipedia and has also requested an injunction to remove the disputed edits and prevent similar content from being published in the future.

Rahul Gandhi To Appear In Sultanpur Court Today Over Defamation Case

July 26, 2024, 1:45 pm

Rahul Gandhi, the Congress leader, will appear in court in Sultanpur, Uttar Pradesh, on Friday, in a defamation case brought against him for allegedly saying offensive statements against Bharatiya Janata Party senior leader and Union Home Minister Amit Shah.

The case began in 2018, when BJP leader Vijay Mishra accused Rahul Gandhi of making insulting remarks during a press conference in Bengaluru, in which the Congress MP referred to Amit Shah as a “accused” in a murder case.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, will arrive at Lucknow Airport and then go to Sultanpur for his court appearance. He was earlier given bail in this matter on February 20, after interrupting his ‘Bharat Jodo Nyay Yatra’ to attend court.

Special magistrate Shubham Verma has ordered Rahul Gandhi to record his statement, warning him of serious consequences if he fails to cooperate after missing 12 straight hearings. In the last hearing, Rahul Gandhi’s lawyer, Kashi Prasad Shukla, informed the court that his absence on July 2 was due to his parliamentary duties as Leader of the Opposition.

Rahul Gandhi’s Defamation Case Hearing Set For August 12 In Sultanpur Court

July 26, 2024, 1:39 pm

A court in Sultanpur, Uttar Pradesh, scheduled the next hearing for the defamation case against Leader of Opposition in Lok Sabha Rahul Gandhi on August 12. Gandhi appeared before the Sultanpur court on Friday regarding the case involving alleged objectionable remarks about Union Home Minister Amit Shah.

Advocate Santosh Kumar Pandey, the complainant’s lawyer, stated, “He (Rahul Gandhi) denied the allegations and said that he is being framed for political reasons and to malign his image. He answered the questions asked by the court. He recorded his statement. Now, we have to produce evidence on August 12, 2024.”

The case, filed by BJP leader Vijay Mishra in 2018, alleges that Gandhi made defamatory comments about Amit Shah in Bengaluru on May 8, 2018, during an election rally ahead of the Karnataka elections. The case was registered in the District and Sessions Court of MP-MLA Court Sultanpur on August 4, 2018.

Uttar Pradesh Congress president Ajay Rai commented, “He (Rahul Gandhi) will appear in court. 30-31 cases have been filed against him across the country to harass him, but the Congress party is fighting bravely.”

West Bengal Governor vs Mamata Banerjee: High Court to Hear Defamation Case Today

July 3, 2024, 12:49 pm

The Calcutta High Court is set to hear a significant defamation case on Wednesday, July 3. The suit has been filed by West Bengal Governor CV Ananda Bose against CM Mamata Banerjee. According to the high court’s website, the case will be heard by Justice Krishna Rao.

On June 28, Governor Bose took legal action following remarks made by Mamata Banerjee. She claimed that women felt unsafe visiting the Raj Bhavan. During an administrative meeting at the state secretariat, Banerjee stated, “Women have informed me they are afraid to visit Raj Bhavan due to recent incidents reported there.”

Her comments refer to an incident on May 2, where a female contractual employee at Raj Bhavan alleged molestation by the West Bengal Governor. The Kolkata Police is currently investigating the claim. Governor Bose responded strongly to these allegations, criticizing Banerjee for making “erroneous and slanderous impressions.” He argued that these statements were “engineered narratives” intended to obstruct his efforts against corruption in the state.

According to Article 361 of the Indian Constitution, a governor is immune from criminal proceedings while in office.

Adhir Chowdhury, the State Congress president, expressed concern over the situation, saying, “These allegations and counter-allegations are tarnishing the image of West Bengal. This is nothing but a shameful episode.” In addition to the case against Banerjee, Governor Bose has filed defamation suits against other leaders of the Trinamool Congress (TMC) for similar statements. Veteran CPI(M) leader Sujan Chakraborty commented that the ongoing conflict between the Governor and the Chief Minister shows a neglect of their constitutional responsibilities.

The outcome of this case is eagerly awaited as it unfolds in the high court, marking a significant moment in West Bengal’s political landscape.

Breaking: Molestation Case; West Bengal Governor Bose Sues Mamata Banerjee for Defamation Over ‘Raj Bhavan Incidents’ Remark

June 29, 2024, 10:18 am

West Bengal Governor CV Ananda Bose filed a defamation case against Chief Minister Mamata Banerjee on Friday, June 28. This legal action followed Banerjee’s statement where she claimed that women had expressed fear about visiting Raj Bhavan due to the activities there. Banerjee’s remarks came in the wake of allegations of “molestation” made by a contractual employee against Governor Ananda Bose, prompting Kolkata Police to initiate an investigation.

Additionally, Governor Ananda Bose has initiated similar defamation cases against several Trinamool Congress (TMC) members who made statements of a similar nature.

This is a developing story. More information are being updated.

Hearing in Amit Shah Defamation Case Against Rahul Gandhi Postponed to June 18

June 7, 2024, 11:31 am

The hearing in the 2018 defamation case against Congress leader Rahul Gandhi, concerning his alleged objectionable remarks targeting Union Home Minister Amit Shah, was postponed by an MP-MLA court in Delhi on Friday. Rahul Gandhi’s lawyer, Kashi Prasad Shukla, cited the passing of a lawyer as the reason for the postponement, leading to a condolence meeting being held in the court, with the hearing rescheduled for June 18.

This case stems from comments made by Gandhi during a press conference in Bengaluru in May 2018, amid the Karnataka elections, where he allegedly criticized the BJP and Shah. The complaint was filed against Gandhi by BJP leader Vijay Mishra on August 4, 2018.

In December of the same year, a warrant was issued against Gandhi, prompting him to pause his Bharat Jodo Nyay Yatra in Amethi and appear in court on February 20. During this appearance, Gandhi was granted bail.

The crux of the complaint revolves around Gandhi’s statement questioning the BJP’s commitment to clean politics, given Shah’s past legal issues. This refers to an incident where Shah was accused in a murder case, although he was later acquitted by a special CBI court in Mumbai around four years prior to Gandhi’s remarks, during his tenure as a minister in Gujarat.

Delhi Court Summons Atishi In Defamation Case Over ‘Poaching’ Remark Against BJP

May 28, 2024, 6:28 pm

Delhi’s Rouse Avenue Court summoned AAP Minister Atishi to appear on June 29 in a defamation case filed by Praveen Shankar Kapoor, BJP’s Delhi media head. The case centers around Atishi’s allegations of the BJP ‘poaching’ AAP legislators. In April, the BJP issued a defamation notice to Atishi after she claimed she was pressured to join the BJP or face arrest by the Enforcement Directorate (ED) within a month.

Atishi criticized the BJP, questioning how the party formed governments in Goa, Manipur, Karnataka, Madhya Pradesh, and Arunachal Pradesh without majority seats. She also questioned how leaders from other parties who joined the BJP seemed to avoid legal troubles, citing the example of Praful Patel and the Air India scam.

BJP leader and New Delhi constituency candidate, Bansuri Swaraj, responded by stating that AAP cannot continue making defamatory statements against the BJP without accountability. She emphasized that Atishi will now have to present her side in court. ACMM Rouse Avenue summoned Atishi on June 29, requiring her to clarify her January 27, 2024, tweet and her allegations made during an April 2 press conference, where she claimed she received an offer to join the BJP.

Medha Patkar convicted in defamation case filed by LG

May 25, 2024, 4:45 am

The Saket District Court in Delhi on Friday convicted activist Medha Patkar in a 2001 defamation case filed by VK Saxena, who is now Delhi Lieutenant Governor (LG).

The Metropolitan Magistrate Raghav Sharma convicted Narmada Bachao Andolan activist Medha Patkar under Section 500 of the Indian Penal Code(IPC).

The court in its judgment stated that it has been proved beyond reasonable doubt that the accused published the imputations with the intent and knowledge that they would harm the reputation of the complainant and, therefore, committed an offence punishable under Section 500 of the IPC. She is hereby convicted of the same.

The court stated: “It has been proved beyond reasonable doubt that the accused (Medha Patkar) published the imputations with the intent and knowledge that they would harm the reputation of the complainant and, therefore, committed an offence punishable under Section 500 of the IPC. She is hereby convicted of the same.”

The metropolitan magistrate while passing the judgment said that reputation is one of the most valuable assets a person can possess as it affects both personal and professional relationships and can significantly impact an individual’s standing in society.

The accused’s statements, calling the complainant a coward, not a patriot, and alleging his involvement in hawala transactions, were not only defamatory per-se but also crafted to incite negative perceptions. Furthermore, the accusation that the complainant was mortgaging the people of Gujarat and their resources to foreign interests was a direct attack on his integrity and public service, it added.

The judgment further stated that the accused failed to provide any evidence to counter these claims or to show that she did not intend or foresee the harm these imputations would cause. The resulting inquiries and doubts raised among the complainant’s acquaintances, as well as the shift in perception highlighted by the witnesses, underscore the significant damage to his reputation. Therefore, it is clear that the accused’s actions were deliberate and malicious, aimed at tarnishing the complainant’s good name, and have indeed caused substantial harm to his standing and credit in the eyes of the public. The accused’s statements, calling the complainant a coward, not a patriot, and alleging his involvement in hawansactions, were not only defamatory per-se but also crafted to incite negative perception, it added

Patkar and Saxena have been embroiled in a legal battle since 2000 after she filed a suit against him for publishing advertisements against her and the Narmada Bachao Andolan.

This verdict is a disgrace, says Trump after ordered to pay $5 million to E. Jean Carroll

May 10, 2023, 7:25 pm

A Manhattan jury awarded writer E. Jean Carroll $5 million on Tuesday after finding former President Donald Trump liable for sexually abusing and defaming her while dismissing her rape claim.

The 79-year-old Carroll kept her head down as the verdict was read aloud in Manhattan federal court and nodded when she heard the jury found in favor of her defamation claim against Trump, who called her a liar after she came forward with allegations that he raped her in a Bergdorf Goodman fitting room in 1996.

The verdict could follow Trump in his presidential bid in 2024, and it is just one of many legal issues he is dealing with, including a pending criminal case involving “hush money” payments.

The case was decided by a 9-person jury consists of 3 women and 6 men, after three hours of deliberation which began shortly before noon on Tuesday.

Carroll and her attorney, Roberta Kaplan, did not speak to the crowd of reporters outside the Lower Manhattan courthouse as they exited hand in hand, the former “Ask E. Jean” columnist squeezing through the crowd and into a waiting car.

Following the verdict was out, Trump took to his social media platform Truth Social and wrote “I HAVE ABSOLUTELY NO IDEA WHO THIS WOMAN IS. THIS VERDICT IS A DISGRACE – A CONTINUATION OF THE GREATEST WITCH HUNT OF ALL TIME!”

BJP on Rahul’s plea dismissal: SC’s ruling a slap on Gandhi family’s face

April 20, 2023, 1:51 pm

The Bharatiya Janata Party (BJP) praised the Surat court judgement rejecting Congress leader Rahul Gandhi’s request for a stay of execution following his conviction in a defamation case, and labelled the appellate court’s decision a “slap on the face of the Gandhi family” on Thursday.

The BJP said, “the court demonstrated that everyone is treated equally by the law and that “there cannot be preferential treatment for any family.” This comes after Rahul Gandhi’s request for a stay in the criminal defamation case involving the statement about the “Modi surname” was denied by the Surat court on Thursday.
The former Wayanad MP may file an appeal against the Surat court’s decision either the Gujarat High Court or Supreme Court.

Addressing a press conference on the issue, BJP national spokesperson Sambit Patra said that the decision is a victory for the people of the country.

“The decision of the Appellate Court of Surat has come today, there is an atmosphere of happiness in the whole country. The backward class for whom Rahul Gandhi had used objectionable words and abused them… and by doing all this, the Gandhi family thought that they would get away with it, that has not happened,” he said.
“Court’s decision is a slap on the face of the Gandhi family. Today the court of Surat proves that the law is equal for all,” Patra added.

Describing the court’s order as a special moment for the judiciary, the BJP leader said that it states that “no protests, or mobilisation can make the judiciary buckle under pressure”.

“One thing is clear from today’s decision that in this country the constitution rules, the family does not rule and there cannot be preferential treatment for any family,” he said.
Earlier on April 3, the Surat Sessions Court granted bail to the Congress leader, who had filed an appeal following his conviction in the case.

While granting bail to the former MP, the court also issued notices to complainant Purnesh Modi and the state government on the Congress leader’s plea for a stay on his conviction. It heard both parties and then reserved the order for April 20.

Rahul Gandhi was a Lok Sabha MP from Wayanad but was disqualified after a lower court in Surat sentenced him to two years in jail on March 23 under sections 499 and 500 (defamation) of the Indian Penal Code (IPC) in a case filed by Bharatiya Janata Party (BJP) MLA Purnesh Modi.

Union Minister Sekhawat files defamation suit against CM Ashok Gehlot

March 4, 2023, 6:49 pm

Union Minister Gajendra Singh Sekhawat has filed a defamation suit against Rajasthan Chief Minister Ashok Gehlot at the Rouse Avenue Court for making misleading statements about him.

Sekhawat, a BJP MP from Jodhpur in Rajasthan, is suing the chief minister for reputational damage. Earlier in February, CM Gehlot went on a personal attack against the Union Minister and claimed that the Special Operations Group (SOG) probe into “The Sanjeevani Cooperative Society scam” had established the latter’s guilt.

CM Gehlot verbally attacked the Union Minister and said, “Gajendra Singh Shekhawat is trying to mislead the public in the case of the Sanjeevani Cooperative Society scam, whereas in the investigation of the Special Operation Group (SOG) he has been named as an accused while other accused have been arrested under the same sections. The crime has been proven against him.”

In a tweet, CM Gehlot said, “He himself (Shekhawat) knows this very well. They know that the Sanjeevani Society has looted the lifetime deposits of more than 1 lakh victims, amounting to more than Rs 900 crore. In this case, the rights to attach the property are with the Enforcement Directorate (ED) and not with the SOG. SOG has urged ED to attach properties related to the Sanjeevani Society five times in the last two years, but ED, which has been raiding the houses of opposition leaders across the country, has not yet taken action and attached the properties of the accused in the Sanjeevani scam.”

Delhi HC stays trial court proceedings against MP Parvesh Verma

January 25, 2023, 5:37 pm

In a defamation case filed by Delhi’s Deputy Chief Minister Manish Sisodia, the Trial Court proceedings against Delhi BJP MP Parvesh Sahib Singh Verma have been stayed by the Delhi High Court on Thursday.

Earlier in 2019, Deputy CM Sisodia filed a case against several BJP leaders for alleging corruption in the construction of classrooms in Delhi’s government schools.

Meanwhile, on 28 November 2019, the court summoned the accused persons. On Wednesday the bench of Justice Dinesh Kumar Sharma decided to stay the proceedings going before Additional Chief Metropolitan Magistrate in Rouse Avenue Court.

On the plea moved by Parvesh Sahib Singh Verma court also sought the response of Manish Sisodia.

Moreover, against Manjinder Singh Sirsa, Hans Raj Hans, and Harish Khurana the trial court proceedings were stayed by the court.

However, against BJP MP Manoj Tiwari, MP Hans Raj Hans, MP Parvesh Verma, MLA Manjinder Singh Sirsa, MLA Vijender Gupta, and BJP spokesperson Harish Khurana Deputy CM Manish Sisodia filed the defamation case in 2019 for the involvement in corruption of 2000 crore rupees.

Amber heard appeals to court in Depp defamation case

July 22, 2022, 4:28 pm

Aquaman’s actor Amber heard submitted a notice of appeal of the defamation verdict awarded by the Virginia jury to her ex-husband, Johnny Depp.

After the jury determined on June 1 that she had slandered Depp by publishing an op-ed in the Washington Post, they immediately announced they would appeal, according to Variety. She was described as a “public figure representing domestic abuse.”

According to the verdict, the claim was untrue and made with “actual malice.”

Amber’s spokesperson said, “We believe the court made errors that a just and fair verdict consistent with the First Amendment.”

They further added, “We are therefore appealing the verdict. While we realise today’s filing will ignite the Twitter bonfires, there are steps we need to take to ensure both fairness and justice. “

The grounds for Heard’s appeal are not explicitly stated in the two-paragraph notice. In response, Depp’s agent stated that his side is still convinced that the ruling would stand. Her spokesperson stated, “We remain confident in our cause and that this judgement will stand.”

Due to a Virginia rule that caps punitive damages, the jury awarded Depp USD 15 million in damages, but Heard was required to pay USD 10.35 million as a result (the judge reduced the amount). Heard was granted USD 2 million in damages after she successfully argued one of the three defamation counts in her countersuit.

The celebrities’ defamation case had captivated social media, with fans of the ‘Pirate’ star praising Depp and criticising Heard for lying in her testimony. expressed

his gratitude to the jury in his Instagram,while Heard exhibited discontent.

“I’m even more disappointed with what this verdict means for other women. It’s a setback. It sets back the clock to a time when a woman who spoke up and spoke out could be publicly humiliated. It sets back the idea that violence against women is to be taken seriously, “Tweeted Amber.

Heard’s attorneys had earlier argued for the decision to be overturned before Judge Penney Azcarate for a number of reasons, including the claim that one of the jurors had attended the trial despite never having been summoned.