Facing a defamation case over his controversial comments linking the Rashtriya Swayamsevak Sangh (RSS) with the killing of Mahatma Gandhi, Congress vice-president Rahul Gandhi has now said that he never blamed the Sangh per se but people associated with it for the assassination of the Father of the nation.
With the Supreme Court indicating that the Congress scion will either have to apologise or face defamation trial for a “collective denunciation” of the RSS, Rahul’s counsel senior advocate Kapil SIbal told the court on Wednesday that his speech made at a political rally at Thane on March 6, 2015 did not blame the RSS but persons associated with the organisation. Sibal read portions from the affidavit filed by Rahul before the Bombay High Court where he challenged the summons issued to him by a Maharashtra court.
The Bench of Justices Dipak Misra and Rohington F Nariman felt that if the petitioner (Rahul) was willing to make this statement on record, the petition can be disposed, subject to the consent of the complainant. The complaint against Rahul was lodged by one Rajesh Mahadev Kunte, the Secretary of Bhiwandi unit of the RSS who took offence of the Congress leader’s statement which said, “RSS people killed Gandhiji”.
“What we understand is that the accused never blamed the RSS as an institution that killed Mahatma Gandhi but the persons associated with it were responsible for the killing,” said the Bench, seeking a response from Kunte’s lawyer senior advocate UR lalit, who has sought time to take instructions from his client. The matter will be decided on September 1.
lalit said he would take instruction as to whether his client is agreeable to settling the complaint based on the statement given by Rahul in his previous affidavit. In the event Kunte disagrees, Sibal reserved his right to argue the legal questions arising in the case as to whether the police could be given any role in a proceeding arising out of a private defamation case.
Sibal said that the court has to consider the validity of summons issued to his client and cannot ask him to either admit or deny the statements. He reiterated that the affidavit was proof that his client did not blame the RSS as an institution to be behind the assassination of Mahatma Gandhi but persons associated with the said organisation. The case is pending before a magisterial court in Bhiwandi in Thane district.