Amit Shah Defamation Case: Complainant to Appeal Rahul Gandhi’s Acquittal in Sultanpur Court

Complainant Vijay Mishra said he would approach an appellate court after obtaining a certified copy of the judgment and consulting legal experts. The case was registered under Section 500 of the Indian Penal Code (IPC), which deals with defamation.

Santosh Pandey, counsel for Mishra, said the court did not recognise his client as an aggrieved person and also concluded that Gandhi’s alleged remarks did not amount to defamation.

Gandhi arrived at the special MP-MLA court at around 11.10 a.m. on Monday. Security was tightened across the court premises ahead of the verdict, and the courtroom doors were closed after he entered. Congress workers had earlier gathered near Kurebhar on the Purvanchal Expressway to welcome him.

Complainant to Review Judgment Before Appeal

According to Pandey, the court considered three key aspects while delivering its decision. He said the court accepted the CD submitted by the complainant as proven evidence but did not consider Mishra an aggrieved person in the matter. The court also found that the statement attributed to Gandhi was not defamatory and acquitted him of the charges.

The complainant’s legal team has yet to receive the certified copy of the judgment. Pandey said the order would be examined before deciding on the next legal steps.

Mishra said he had been pursuing the matter since filing the complaint in 2018 and would proceed with an appeal after reviewing the judgment with his lawyer.

Case Originated During 2018 Karnataka Poll Campaign

The case relates to an alleged remark made by Gandhi during a press conference in Bengaluru in May 2018, while campaigning ahead of the Karnataka Assembly elections. Shah was serving as the Bharatiya Janata Party (BJP) president at the time.

Mishra alleged that Gandhi referred to Shah as a “murderer”, claiming that the remark harmed the reputation of the BJP and its workers.

Mishra, who was then a BJP district vice-president and chairman of the Sultanpur District Cooperative Bank, filed the defamation complaint on August 4, 2018, and submitted a CD containing the alleged statement as evidence.

The proceedings initially began in a civil court before the case was transferred to the special MP-MLA court, which hears cases involving elected legislators.

Gandhi Had Denied the Allegations

The court issued a summons to Gandhi on November 27, 2023. He appeared before it on February 20, 2024, and was granted bail after furnishing two personal bonds of Rs 25,000 each. Gandhi denied the allegations.

During the trial, the complainant’s side recorded statements from Vijay Mishra, Anil Mishra and Ramchand Dubey.

Mishra also sought permission to obtain Gandhi’s voice sample and compare it with the recording on the CD. However, the trial court rejected the request.

The complainant’s proposed appeal will seek to challenge the acquittal, with the next course of action to be determined after the judgment is obtained and examined by his legal team.