Lawyers representing Congress vice-president Rahul Gandhi on Thursday turned down an offer in the Supreme Court to express regret and give a “decent burial” to the criminal defamation proceedings against the Amethi MP for allegedly commenting that the RSS was behind the assassination of Mahatma Gandhi.
Rejecting the proposal conveyed by a Bench of Justices Dipak Misra and Prafulla C. Pant, Mr. Gandhi’s lawyers, senior advocates Kapil Sibal and Mahalakshmi Pavani, submitted that they would argue the defamation case. Mr. Sibal further said his side had documents to back the comments.
Mr. Gandhi’s remarks are alleged to have been made in March 2014, during a parliamentary election rally at Bhiwandi in Thane district of Maharashtra. He was charged with criminal defamation for allegedly saying, “Gandhiji was shot dead by the RSS people and their people talk of Gandhiji.”
RSS activist Rajesh Kunte filed a criminal complaint, terming the comments “false, frivolous, baseless and wanton.”
Mr. Kunte said they were made “with mala fide motive to harm the reputation of the RSS, its followers, people and swayamsevaks.”
The apex court had on May 7 stayed the defamation proceedings before a Magistrate court in Bhiwandi. Mr. Gandhi has also challenged the constitutionality of criminal defamation, contending that it has a chilling effect on freedom of speech.
“We think that this case should end in a decent burial,” Justice Misra said after senior advocate M.N. Krishnamani, appearing for Mr. Kunte, suggested that Mr. Gandhi should “express regret” for his comments.
“We cannot give a response now. But the comments are based on records placed before Your Lordships,” Mr. Sibal said, deflecting the suggestion.
Meanwhile, the Bench extended the stay on criminal proceedings till February 17, 2016, the next date of hearing.
