RSS defamation: Rahul seeks full evidence

Mumbai: Congress president Rahul Gandhi on Monday filed an application before the magistrate court in Bhiwandi requesting the court to convert the defamation case filed against him by a local Rashtriya Swayamsevak Sangh (RSS) worker from a summary trial to a summons trial, so that he could get an opportunity to bring detailed evidence on record.

The Congress president on Monday also got the exemption from appearance in court owing to his campaign for Karnataka Assembly elections. While a summary trial can be held on the basis of short evidence, a summons trial gives an opportunity for the submission of detailed evidence.     

The basis of the case is a complaint filed by Rajesh Kunte, secretary of the Bhiwandi unit of RSS. On March 6, 2014, Mr Gandhi had made a speech in Bhiwandi holding the organisation responsible for the
assassination of Mahatma Gandhi. He had said, “RSS people killed Gandhiji and today their people (the BJP) talk of him... They opposed Sardar Patel and Gandhiji.” Aggrieved by this statement, Mr Kunte registered a defamation case under Section 500 (defamation) of the Indian Penal Code against Mr Gandhi.

Bhiwandi magistrate A.S. Shaikh was supposed to frame charges against Mr Gandhi so that a trial could commence against him, but Mr Gandhi was absent and hence the court adjourned framing of charges.

Meanwhile, Mr Gandhi’s lawyer Narayan Iyer filed an application before the magistrate seeking a summons trial. “The present case is a summary trial. We want to lead detailed evidence. The matter is of historical importance. So if the case is tried as summary trial, only substantive evidence will be recorded; but if the case is tried as a summons trial, detailed evidence will be recorded of all the witnesses. It would be easier for the court to find the truth. So we have requested the court to try this case as summons trial,” said Mr Narayan.

Mr Kunte told The Asian Age, “All this seems to be an attempt to delay the trial. Last November, he got bail and we had immediately requested the court to frame the charges but a date was given and lawyers of both sides had agreed that on the next date of hearing even if Gandhi were absent his lawyer would represent him and charges would be framed, but so many months have lapsed since then and on each date they seek time on one pretext or the other.” He added, “It seems they are anticipating the result against them and hence they are adopting the strategy of delaying the trial and instead of facing the trial they are running from it.”

According to Mr Kunte. his lawyer was ready to argue on this application even on Monday but Mr Gandhi’s lawyer sought an adjournment so it was adjourned to May 2. “We want a speedy trial,” said Mr Kunte.