Remarks about Amit Shah: Jharkhand High Court stays warrant against Rahul Gandhi

The Jharkhand High Court on March 20 stayed a non-bailable arrest warrant issued against Congress leader Rahul Gandhi by a local court in a criminal defamation case against him for calling Union Home Minister Amit Shah a murder accused [Rahul Gandhi v State]..The non-bailable warrant was issued against Gandhi by a special court in Chaibasa on February 27 after he failed to appear and participate in the trial. Gandhi moved High Court against this order.Single-judge Justice Rajesh Kumar said that since the offence is a bailable one, the warrant can be stayed to enable Gandhi to participate in the proceedings."Considering the fact that it is a bailable offence, the impugned order dated 27.02.2024 is kept in abeyance for a month enabling the petitioner to participate in the proceeding in the court below. If the petitioner participates in the proceeding, the court below is directed to proceed accordingly and pass a fresh order in accordance with law, without being prejudiced by its earlier order or by the order of this Court," the Court directed..By way of background, a complaint was filed by one Pratap Katiyar, a resident of Chaibasa, alleging that Gandhi made derogatory remarks Amit Shah during a Congress convention in 2018.Gandhi in his statements had accused Amit Shah of being involved in murder.He was later granted interim protection in the case in May 2022.However, the Court later issued a warrant against him on February 27 after he failed to appear in court.The counsel for Gandhi told the High Court that he is desirous of participating in the trial and there was some miscommunication as an interim protection was granted earlier but the same was later vacated in May 2023.The Court after considering the submissions found it fit to keep the special court order in abeyance for a month.Advocates Kaushik Sarkhel, Deepankar, and Shray Mishra appeared for Gandhi.Advocate Anish Kr Mishra appeared for respondent..Last month, the High Court had rejected Gandhi's petition seeking quashing of the criminal defamation case. The Court had noted that Gandhi had said that BJP leaders are liars who are drunk with power and that BJP workers will accept a person accused of murder as their president.These statements by Gandhi are prima facie defamatory in nature under Section 499 of Indian Penal Code (IPC), the Court had said..[Read Order]