Rahul Gandhi Moves Pune Court To Convert Defamation Case Into 'Summons Trial' To Bring Historical Facts About Savarkar Before Court

Congress leader Rahul Gandhi has approached a special MP/MLA court in Pune seeking to convert the 'summary trial' pending against him over his allegedly defamatory statements against late right-wing leader Vinayak Savarkar, into a 'summons trial' as his statements were based on historical facts.

In an application filed through advocate Milind Pawar, Gandhi has pointed out that the complainant in the instant case - Satyaki Savarkar, in her complaint has claimed that Savarkar has contributed in the struggle for freedom from the British rulers. However, disputing the same, Gandhi has urged the court to convert the trial into a summons trial so as to call for records of historical facts.

"The main issue involved in this case will be determine certain historical facts on which the parties are at variance. Therefore the major part of evidence would comprise material of historical nature entailing an academic enquiry. The present case raises complex questions of fact as well as law hence it requires searching and detailed cross-examination which may not be permissible if this case tried as summarily. The trial is likely to take long time and it shall be incumbent in the interest of justice that this case is tried as summons case," the plea states. 

The 'true' contribution of Savarkar, the plea says, can be examined through history, record of which needs to be brought before the court. This would mean that the defence (Gandhi) can cross-examine the complainant extensively and thoroughly in this case.

"It is submitted that the true account of the role of late Savarkar in the historical movements as well as historical facts surrounding this core movement (of freedom struggle) should be brought before this Court," the plea reads. 

Commenting on the application, Pawar said, "Savarkar's contribution in gaining freedom and many other important historical events coming before the court are very important in terms of getting natural justice for Gandhi."

Taking the application on record, special Judge Amol Shinde has ordered the complainant to file her say in response to the said application. 

Meanwhile, the special court also granted 'permanent exemption' from appearing in the case, to Gandhi. This would mean that the MP from Raebareli, need not attend the court proceedings during the trial but will have to personally remain present only on the day when the court pronounces its judgment. 

Background:

The defamation complaint asserts that Gandhi has repeatedly defamed Savarkar on various occasions over the years. One specific incident highlighted was on March 5, 2023, when Gandhi addressed the Overseas Congress in the United Kingdom.

The complainant - Satyaki Savarkar has claimed that Gandhi made intentionally wild allegations against Savarkar, knowing them to be untrue, with the intention of harming Savarkar's reputation and causing mental agony to the complainant and his family. The complaint states that the defamatory speech was delivered in England, but its impact was felt in Pune as it was published and circulated throughout India.

Satyaki, in her complaint, has submitted several news reports and a YouTube link to a video of Gandhi's speech in London as evidence. She has claimed that Gandhi falsely accused Savarkar of writing a book in which he described beating up a Muslim person, which Savarkar never wrote and such an incident never happened.

Satyaki argued that Gandhi made these false, malicious, and wild allegations with the specific objective of defaming Savarkar and harming his reputation.

The criminal defamation application filed by Satyaki demands maximum punishment for Gandhi under Section 500 (Punishment for defamation) of the IPC and seeks imposition of maximum compensation as per Section 357 (Order to pay compensation) of the CrPC.