Supreme Court Stays Defamation Trial Against Rahul Gandhi Over "Commander-in-Thief" Remarks Against PM Narender Modi

The Supreme Court has issued notice and stayed further proceedings before the trial court over alleged defamatory remarks against Prime Minister Narendra Modi, i.e. "Commander-in-Thief" and "chowkidar chor hai".

A special leave petition was filed, inter alia, assailing the order passed by the Bombay High Court dismissing a plea filed by Rahul Gandhi against an order passed by the Magistrate issuing process against Gandhi for the offence punishable under Section 500 of the Indian Penal Code (IPC).

The Bench of Justice Vikram Nath and Justice Aparesh Kumar Singh ordered, "Issue notice returnable with four weeks, in the meantime, further proceedings before the trial court shall remain stayed."

Senior Advocate Abhishek Singhvi appeared for Gandhi 

Singhvi submitted, "Two orders are there where notice is issued and stay on an identical issue. There are 199 matters and a third matter of Shashi Tharoor is also pending."

Justice Nath remarked, "Akhbaar me naam chapega ki nahi chapega?...Nobody is opposing it here."

The Complaint was filed by BJP Member Mahesh H. Shrishrimal, alleging that during the rally in Rajasthan in 2018, he made defamatory remarks against the Prime Minister Narendra Modi. 

As per the complaint, Gandhi had said, "Modi ji ne kaha tha main desh ka PM nahi banna chahta hoon, main desh ka chowkidar banna chahta hoon. Aur aaj desh ke dil mein ek nayi awaaz uth rahi hai, gali gali mein shor hai, Hindustan ka chowkidar chor hai..."

Gandhi also commented on a video and posted on his personal Twitter account as follows: "The sad truth about India's Commander-in-Thief."

It was alleged that the aforesaid defamatory statement, whereby Gandhi labelled the Prime Minister as a "Commander-in-Thief", directly accused all BJP Members and Indian citizens associated with him of theft. 

The High Court had observed, "In the present matter, on a prima facie reading of the alleged defamatory statement, "The sad truth about India's Commander- in-Thief" inter alia describes the Hon’ble Prime Minister, who is also the prominent leader of the BJP, as having engaged in acts of theft as the "Commander of Thieves". Therefore, at this threshold stage, it cannot be said that the said defamatory imputation is incapable of extending to those clearly identified with the party. Whether the imputations were in substance confined to the Hon’ble Prime Minister alone, or whether and to what extent they cast their shadow upon the Members and functionaries of the party, in view of John Thomas (supra), is a determination that must await trial."

Accordingly, the matter will now be heard by the Supreme Court.

Cause Title: Rahul Gandhi v. The State of Maharashtra and Others. [SLP(Crl) No. 19559/2026]