Rahul Gandhi Moves Bombay High Court To Dismiss Criminal Defamation Case Against Him For Allegedly Linking RSS With Gauri Lankesh Murder

Congress leader and MP Rahul Gandhi has approached the Bombay High Court to dismiss a 2017 defamation case against him for allegedly linking the right-wing RSS organization to Bangalore-based journalist Gauri Lankesh's murder.

Gandhi has specifically challenged a 2019 order by the Borivali Magistrate refusing to dismiss the defamation complaint by an RSS ideologue and lawyer.

Congress leader contends he has been wrongly arraigned as an accused in the case along with CPI(M) Secretary Sitaram Yechuri, who allegedly made a separate statement at a different time and place after Lakesh's murder.

Thus the complaint itself is in violation of Section 218 of the CrPC which prescribes separate charges for separate offenses, Rahul contends in the plea filed through advocate Kushal Mor.

"The Petitioner states that as soon as there is no dispute over the above facts, it necessarily follows that both the Accused cannot be tried at the same trial. The Petitioner states that concept of a joint trial is foreign to CrPC and criminal law and the same is not mandated or sanctioned under law."

In 2017 advocate Dhrutiman Joshi filed a private complaint against Rahul Gandhi, Sonia Gandhi and Yechury under Section 499 and 500 of the Indian Penal Code.

He contented that the complaint dated back to September 6, 2017 when journalist Gauri Lankesh was shot dead outside her home in Bangalore by unknown assailants.

While watching the news, Joshi claimed he saw Gandhi's interview outside the Parliament wherein the latter allegedly said that whoever spoke against the BJP-RSS ideology is pressured, beaten attacked or killed.

In another interview, Joshi claims, Yechury told the media that RSS was responsible for the journalist's killing.

Joshi claimed the statements were made without any proof of official statement and they belittled "the RSS in the eyes of the common public."

Based on the complaint, on February 18, 2019 the Magistrate court issued process against Gandhi and Yechury and summoned them.

The duo appeared in court on July 4, 2019 and sought bail. On the same day the Magistrate also recorded his plea while also doing the same for Yechury.

However, on the very next day Gandhi filed the application seeking to quash the complaint on the grounds since the statements allegedly made by him and Yechury were admittedly at different places and at different times there could not be a joint trial and hence, the complaint is bad in law and is required to be dismissed.

On November 23, 2019 the Magistrate dismissed both applications. One filed by Gandhi and the second by Yechury.

The Congress leader has now approached the Bombay High Court against the order of rejection.

That the "Ld. Magistrate has erred in holding that since the statements relate to the murder of Gauri Lankesh, they relate to one and same incident and therefore the intention of the Accused Nos. 1 and 3 was to defame the RSS."

Gandhi claimed he could have been tried with Yechury only if the offence committed allegedly by them was in the course of same transaction.

"The statements made by Accused Nos.1 and 3 are independent statements made by different individuals at different points of time and there is no community of purpose, continuity of action by which it could be inferred that what whet they have spoken is in consequence of that common design and their acts are connected with each other."

The plea therefore seeks to set aside and quash the order rejecting the Application for dismissal and consequently quash and set aside the process issued against Gandhi and dismiss the complaint.

The matter was listed before Justice Sarang Kotwal on Tuesday. It was however adjourned to December 5.