Rahul Gandhi Moves Jharkhand High Court To Cancel Non-Bailable Warrant In 2018 Defamation Case

Ranchi: Congress MP and Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi has approached the Jharkhand High Court seeking cancellation of a Non-Bailable Warrant (NBW) issued against him by the MP-MLA special court in Chaibasa in connection with a 2018 case over alleged derogatory remarks against then BJP National President Amit Shah.

The NBW was issued on May 22 after LoP Rahul Gandhi failed to respond to earlier court summonses. The Chaibasa court has directed him to appear in person on June 26.

LoP Gandhi’s legal counsel has argued in the High Court that a petition filed under Section 205 of the Criminal Procedure Code (CrPC) -- which seeks exemption from personal appearance in court -- is still pending before the same court. Therefore, the issuance of a NBW while the exemption plea remains unheard is premature and legally inappropriate, the petition contended.

The case stems from a complaint filed by Chaibasa resident Pratap Katiyar on July 9, 2018. According to the complaint, Gandhi allegedly stated during a Congress session that, "No murderer can become the national president in the Congress. Congressmen cannot accept a murderer as the national president -- this is possible only in the BJP."

The remark was seen as a veiled reference to Amit Shah, who at the time was the BJP’s National President.

In response to the complaint, the Chaibasa court had initially issued a bailable warrant in April 2022. However, LoP Gandhi reportedly did not respond to the summonses.

Subsequently, a NBW was issued in February 2024. His legal team filed an application seeking an exemption from personal appearance, which was rejected by the trial court.

Following this, Rahul Gandhi had moved the Jharkhand High Court, which granted him temporary relief. But with the matter still pending, the lower court’s latest issuance of a non-bailable warrant prompted the LoP to file a fresh petition in the High Court.

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