A magistrate court has recently imposed a fine of ₹1,000 against Rashtriya Swayamsevak Sangh (RSS) secretary Rajesh Kunte for seeking adjournment of defamation proceedings initiated against Congress leader Rahul Gandhi.
On December 6, 2018, Mr. Gandhi appeared before a local court in Bhiwandi and pleaded “not guilty” for the charges of Section 499 (defamation) and Section 500 (punishment for defamation) which can be a simple imprisonment for a term which may extend to two years, or with fine, or with both under the Indian Penal Code.
On March 6, 2014, Mr. Gandhi had made a speech in Bhiwandi holding the RSS responsible for the assassination of Mahatma Gandhi. He had said, “RSS people killed Gandhiji and today their people (BJP) talk of him...They opposed Sardar Patel and Gandhiji.” Soon, Mr. Kunte, secretary of the Bhiwandi unit of the RSS, registered a First Information Report (FIR) against Mr. Gandhi.
Court’s stand
Mr. Kunte sought an adjournment, to which the court said, “It is a settled principle that the complainant has to begin the evidence with his own deposition to prove the basic fact or cause for which the present complaint is instituted. Later he may examine other witnesses in support of his contention. Having considered the nature of allegations and facts of the case, calling of the proposed witness (policeman) at this stage of the proceedings without evidence of the complainant will result into unnecessary delay to the proceedings. The complainant has given no reason in the present application as to why the complainant does not want to examine himself first and directly wants to examine the person who conducted inquiry under the Code of Criminal Procedure. There is no reason given by the complainant in the present application.”
Advocate appearing for Mr. Kunte had told the court that Mr. Gandhi had admitted that he had said these things but the Member of Parliament from Amethi took the stand in the witness box and the judge read out the charges against him.
The court had said, “You have defamed the complainant’s organisation and have said, RSS ke logon ne goli maari aur sardar patel ne likha hain. Therefore, the reputation of the complainant and the organisation was harmed under Sections 499 and 500.”
To this, Mr. Gandhi had said, “I plead not guilty.”
