RSS Defamation Case: Rahul Gandhi Gets Relief From Bombay High Court

In a relief for Congress leader Rahul Gandhi, the Bombay High Court on Friday quashed a Bhiwandi court order allowing the transcript of his speech as additional evidence in the criminal defamation case filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker Rajesh Kunte.

Single-judge Justice Prithviraj K Chavan allowed a writ petition filed by the Congress leader challenging the order of the Magistrate Court, which permitted the RSS worker to rely on the transcript of Gandhi's speech, wherein he had allegedly blamed the right-wing outfit for killing Mahatma Gandhi.

The detailed copy of the order is yet to be made available.

In his plea, Gandhi contended that the order of the Magistrate Court was in clear violation of a 2021 order passed by another single-judge Justice Revati Mohite-Dere, who had dismissed a similar petition filed by Kunte. In that petition, Kunte had sought admission or denial of Gandhi's alleged defamatory speech. The judge had held that an accused cannot be compelled to admit or deny annexures to their petition.

Relying on the order passed by Justice Mohite-Dere, the Congress leader contended in the instant case, that since the Magistrate has permitted the complainant to rely on this additional evidence (transcript of his speech), it would compell him to either admit or deny the said document.

Notably, the case pending before the Bhiwandi Magistrate Court was filed by Kunte in 2014 alleging that Gandhi delivered a defamatory speech during one of his rallies in the then elections by blaming the RSS for the killing of Mahatma Gandhi. The Magistrate had taken cognizance of the said complaint and summoned the Member of Parliament (MP) from Rae Bareli to appear before it. The summons were challenged before the High Court and in that petition, Gandhi had annexed the transcript of his speech. However, the said plea was dismissed.

Relying on the same, Kunte had argued before the Magistrate that by annexing the speech copy to the petition, Gandhi has "unambiguously" accepted the speech and its contents. However, this argument put forth by Kunte was rejected by the Magistrate Court. He then moved the High Court and his plea was dismissed by Justice Revati Mohite-Dere.