The Bombay High Court on July 12 granted relief to Congress leader Rahul Gandhi in a criminal defamation case filed in 2014 by Rashtriya Swayamsevak Sangh (RSS) worker Rajesh Kunte. He alleged that Mr. Gandhi had made a false and defamatory statement in an election rally, holding the RSS accountable for the assassination of Mahatma Gandhi.
A single judge Bench of the High Court passed the order in a writ petition filed by Mr. Gandhi, challenging an order of the Bhiwandi magistrate court, which had allowed Mr. Kunte to “belatedly” submit the transcript of the speech as additional evidence in the criminal defamation case.
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Quashing the Bhiwandi court’s order, Justice Prithviraj K. Chavan said, “The petition is allowed. Impugned order and consequent exhibition of documents are quashed and set aside. The magistrate court is directed to proceed with the trial regarding the exhibit in accordance with the observations made in the order.”
When Mr. Kunte filed the defamation case in 2014, the Bhiwandi magistrate court had summoned Mr. Gandhi to appear before it with an explanation. Though the case was challenged before the Bombay High Court, that had been dismissed by the Bench.
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Mr. Gandhi’s petition alleged that the Bhiwandi court had allowed the RSS worker to “belatedly” produce certain documents in the case. His plea further contended that the court’s order was in violation of a 2021 order passed by the Bombay High Court’s Justice Revati Mohite-Dere who had dismissed Mr. Kunte’s petition demanding the admission or denial of Mr. Gandhi’s alleged defamatory speech. In the judgment, Justice Dere said that an accused person could not be compelled to admit or deny annexures of the said petition.
Published - July 13, 2024 12:08 am IST
