Lawyers are awaiting the response of the higher judiciary on the latest move by the Congress MP and Leader of the Opposition (LoP) in the Lok Sabha to seek justice in Jharkhand.

Rahul Gandhi has moved 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.

Notably, the non-bailable warrant was issued on May 22 after he failed to respond to earlier court summonses. The Chaibasa court has directed him to appear in person on June 26.

Rahul 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 non-bailable warrant against him at a time when his exemption plea remains unheard. It is premature and legally inappropriate, the petition contended on his behalf.

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.