Rahul Gandhi misses court in defamation case as next hearing on Feb 20

Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi did not appear before the MP-MLA court here on Monday in connection with a defamation case against him, as he was in Kerala due to a prior engagement, his counsel told the court.

Gandhi, the Raebareli MP, was scheduled to appear for recording of his statement under Section 313 of the Code of Criminal Procedure (CrPC) , a mandatory stage of trial at which the court personally questions the accused on the evidence produced against him. His counsel, Kashi Prasad Shukla, informed the court that Gandhi could not attend the hearing due to a prior engagement in Kerala.

Taking note of the submission, MP-MLA court judge Shubham Verma granted Gandhi a final opportunity to appear in person and adjourned the matter to February 20, a case lawyer said. Shukla later told reporters that Gandhi was likely to be present on the next date.

Section 313 CrPC requires the personal presence of the accused , as the examination cannot be conducted through a lawyer. The provision enables the court to explain the incriminating circumstances to the accused and gives him an opportunity to respond before the trial proceeds further.

The defamation case was filed in October 2018 by local BJP functionary Vijay Mishra, a resident of Hanumanganj in the Kotwali Dehat area of Sultanpur district. Mishra alleged that during election campaigning in Karnataka in August 2018, Gandhi made objectionable remarks against then BJP president Amit Shah.

The proceedings have been underway for several years. In December 2023, the court issued a warrant against Gandhi for non-appearance. He later surrendered before the court on February 20, 2024, following which a special magistrate granted him bail on two bonds of Rs 25,000 each.

On July 26, 2024, Gandhi recorded his statement before the court, denied the allegations and described the case as politically motivated. Thereafter, the court directed the complainant’s side to lead evidence.

Complaint counsel Santosh Kumar Pandey said witness Ram Chandra Dubey was examined on January 6 and was subsequently cross-examined by the defence. He added that Gandhi is now required to appear personally for recording of his statement under Section 313 CrPC on the next date of hearing.