The Gauhati High Court has delivered a crucial win to Congress leader Rahul Gandhi by overturning a lower court’s decision that would have introduced more witnesses into a criminal defamation case. This case, initiated by an RSS worker, has been ongoing for nine years.
In a ruling on a criminal revision petition, a single judge bench led by Justice Arun Dev Choudhury, on Monday, October 13, 2025, nullified the previous order from the additional sessions judge of Kamrup Metropolitan. That earlier order had permitted the inclusion of extra witnesses in the defamation proceedings at the trial court level.
The defamation petition was originally filed by RSS worker Anjan Kumar Bora. In March 2023, the trial court magistrate had initially rejected the request to add three more witnesses, deeming the process complete after statements from six witnesses had already been recorded.
However, Mr. Bora contested this decision, and in September, the additional sessions judge of Kamrup Metropolitan subsequently permitted the introduction of these new witnesses against Mr. Gandhi.
Rahul Gandhi, in his capacity as Leader of the Opposition, and represented by Senior Advocate Angshuman Bora, appealed this latest order to the Gauhati High Court in July 2024.
Following several hearings, the High Court sided with Gandhi, revoking the additional sessions judge’s order and urging the trial court to conclude the case swiftly.
Justice Choudhury stated in his order, “In the considered opinion of the court, the application presented to the magistrate was entirely ambiguous and lacked specific details. Consequently, the magistrate was correct in denying that request.”
He further elaborated that the revisional court, despite the absence of any solid basis or documented need for these additional witnesses, “mechanically overturned the magistrate’s well-reasoned order.”
“The power of revision is strictly confined to rectifying jurisdictional or procedural errors,” the order explained. “It does not grant the sessions court the authority to replace its judgment with that of the magistrate, especially when there’s no clear legal flaw.”
The High Court’s order highlighted that “the learned additional sessions judge failed to acknowledge that the petition requesting the summoning of witnesses lacked the necessary groundwork to even establish the required satisfaction.”
It also pointed out that the additional sessions judge “disregarded established legal principles, which were thoroughly discussed and documented during the case,” by allowing the revision petition and thereby overturning the magistrate’s original ruling.
“Such an arbitrary use of discretion constitutes a clear legal error that cannot be upheld,” the Gauhati High Court declared. “Therefore, the challenged order dated September 22, 2023, issued by the learned Additional Sessions Judge No. 2, Kamrup (M), Guwahati, in Criminal Revision No. 26/2023, is hereby annulled and set aside.”
Furthermore, given that Rahul Gandhi is a sitting Member of Parliament, Justice Choudhury’s order directed the trial court magistrate to ensure the case, active since 2016, is resolved with immediate priority.
The defamation case stems from an incident on December 12, 2015. On that day, Mr. Gandhi intended to visit the Barpeta Satra, a revered Vaishnavite monastery, but later alleged he was prevented from entering by members of the Rashtriya Swayamsevak Sangh (RSS).
Feeling wronged by these claims, RSS worker Mr. Bora filed the criminal defamation case, asserting that the Congress leader had made false accusations.