The Congress Leader Rahul Gandhi has approached the Bombay High Court against an order passed by the Magistrate court at Bhiwandi wherein the court allowed the transcripts of his alleged defamatory speech to be exhibited as ‘evidence’ in the ongoing case of defamation filed by an Rashtriya Swayamsevak Sangh, RSS functionary.
The RSS worker Rajesh Kunte has accused Gandhi of defaming the RSS by making of the false and the baseless allegations made during an election rally in 2014 by allegedly holding the RSS responsible for the Mahatma Gandhi’s assassination.
The bench headed by Justice Revati Mohite Dere in the case observed and has already dismissed the appeal moved by Kunte’s in order to admit the transcript of his speech as evidence under Section 294 of the Code of Criminal Procedure in the defamation complaint.
The bench headed by Justice Dere in the case observed that merely because Gandhi annexed the certified copy of the speech’s transcript to his quashing petition before the High Court in the year 2015 it did not mean that the Kunte could compel him to admit the document. Thus, the CD would have to be proved at the time of the trial.
The bench in the case observed and has stated that it being the well settled that if the accused in the case is compelled to deny or admit a document, it would be contrary to the constitutional mandate, in as much as the same would violate Article 20 (3) of the Constitution of India.
It has been claimed by the Gandhi in the plea moved that despite the said order, the magistrate allowed the petition along with the annexures to be exhibited as evidence. Thus, one of the annexures being the transcript of his speech.
It has also been argued by the lawyer appearing for the Gandhi that merely because the Kunte obtained certified copies of the plea moved by Gandhi of 2014 did not mean he could compel Gandhi to admit or in order to deny the annexures to the said petition.
The single bench headed by Justice Sarang V Kotwal in the case observed and has stated that it would be appropriate for Justice Dere’s bench in order to decide the issue since she was earlier being seized of the matter.
Therefore, Rahul Gandhi approached the High Court in order to quash the proceedings which are initiated against against him. Thus, the Bombay High Court in March, 2015 refused to quash the case.
Further, Rahul Gandhi approached the Supreme Court wherein challenging the order of the High Court but withdrew his plea expressing his willingness to face trial, but refusing to apologise.
It has also been held by the High Court that the decision of the Magistrate decision in the year 2021. The said magistrate took on record the certain additional documents from Kunte including the writ petition, which was opposed by the Rahul Gandhi.
The bench of Justice Revati Mohite Dere will now hear the plea of Rahul Gandhi.
