Rahul Gandhi must apologise for defamatory remarks on RSS or face trial: Supreme Court

Sued for defamation over his comments blaming the Rashtriya Swayamseva Sangh for Mahatma Gandhi’s assassination, Rahul Gandhi was told by the Supreme Court on Tuesday, “You can’t make wholesale denunciation of an organisation.” “If you won’t apologise, you will have to face trial,” the court said pulling up the Congress leader for his remarks. In a series of tweets, ANI reported that the SC refused to stay a Bombay High Court order dismissing his plea for quashing a defamation case against him for allegedly blaming RSS for the assassination of Mahatma Gandhi. [caption id=“attachment_2709170” align=“alignleft” width=“380”] Rahul Gandhi was told by the Supreme Court that he can’t make wholesale denunciation of an organisation. PTI.[/caption] On Tuesday, the SC said, “You must face trial. Case must be decided on merits, whether what you spoke was for public good or not. You can’t make wholesale denunciation of an organisation. Purpose of law is not to turn citizens into litigants, history is the biggest enemy of privacy.”

The top court has given time till 27 July (Wednesday) for Rahul Gandhi to detail his arguments in the case. Rahul Gandhi in May 2016 had moved the Supreme Court to cancel the defamation case against him. “We will examine whether what the petitioner (Rahul) said comes within the ambit of defamation,” the court reportedly said. RSS activist Rajesh Kunte, who also is the secretary of Bhiwandi unit of RSS, in 2015 had alleged that that Rahul told an election rally at Sonale on 6 March that “RSS people killed Gandhiji”. “RSS people killed Gandhiji and today their people (BJP) talk of him…They opposed Sardar Patel and Gandhiji,” Rahul had said. He said the Congress leader had sought to tarnish the reputation of the Sangh through his speech. Following the complaint, the magistrate’s court had initiated proceedings and issued notice to Rahul directing him to appear before it. The Congress leader then approached the High Court seeking exemption from appearance and quashing of the complaint. Rahul’s lawyers had argued that complaint was motivated and malafide and deserved to be quashed. The prosecution had opposed the petition and argued that Rahul can plead his case and lead evidence during trial before the magistrate. The Congress leader then approached the High Court seeking exemption from appearance and quashing of the complaint. Rahul’s lawyers argued that the complaint was motivated and malafide and deserved to be quashed. They argued that no case was made out against Rahul and the criminal proceedings initiated against him were part of BJP’s election campaign. The prosecution had opposed the petition and argued that Rahul can plead his case and lead evidence during trial before the magistrate. The High Court on Wednesday dismissed the petition and refused to grant stay on its order to allow the Congress leader time to appeal against it in the Supreme Court.