RSS Defamation: Thane Court Grants Rahul Gandhi Permanent Exemption From Appearance In 2014 Case

A magistrate court in Bhiwandi, Thane district has granted permanent exemption to Congress leader Rahul Gandhi from appearing in a 2014 criminal defamation case filed by a functionary of the Rashtriya Swayamsevak Sangh (RSS).

Judicial Magistrate First Class LC Wadikar allowed Gandhi's application for exemption with certain conditions.

Gandhi, while addressing an event in 2014, had alleged that the RSS  was behind the assassination of Mahatma Gandhi. Rajesh Kunte, a local RSS member, filed a private complaint against Gandhi for offence under section 500 of IPC accusing him of tarnishing the reputation of RSS.

Gandhi, through advocate NV Iyer, sought the exemption in 2022 contending that he was a Delhi resident and a member of Lok Sabha and had to regularly visit his constituency. Since the filing of application, Gandhi has been disqualified from the parliament due to his conviction and sentencing in a defamation case by a Gujarat court. 

Advocate Prabodh Jaywant for the complainant cited Gandhi’s recent conviction and subsequent disqualification from the Parliament to oppose his plea.

The court granted the exemption on the condition that Gandhi give an undertaking that his lawyer will be present at every hearing and conduct the trial in his absence.

Further, Gandhi has to appear whenever directed by the court. The exemption will be automatically vacated if any of the conditions are breached.

The court will start recording evidence in the case from June 3. The trial in the case began in 2018 when Gandhi pled “not guilty” and refused to apologise.

Case Title – Rajesh Kunte v. Rahul Gandhi