Rahul Gandhi appears before court in RSS defamation case

Congress leader Rahul Gandhi on Saturday appeared before a court at Bhiwandi in the district in a defamation case filed by an RSS activist, and presented his party’s Maharashtra unit chief Harshwardhan Sapkal as his new ‘surety’ or guarantor for bail. As he travelled to Bhiwandi by road after landing in Mumbai, BJP workers showed him black flags at Mulund toll plaza and shouted slogans, accusing the Congress of maligning India’s image through the Youth Congress’s protest at the AI summit in Delhi.

Gandhi, accompanied by Sapkal, party MP Varsha Gaikwad and his lawyers Narayan Iyer and Kushal Mor, reached the magistrate’s court around 10.30 am. The court had asked the Leader of Opposition in the Lok Sabha to appear in person and provide a new surety following the death of the previous guarantor, former Union Minister Shivraj Patil Chakurkar, in December last year. Chakurkar had stood surety when the court granted bail to the Congress leader in 2016 upon his appearance.

Sapkal, on Saturday, filed an application before the magistrate requesting permission to stand as surety for the accused.

After the verification of his affidavits and other documents, the court granted the plea.

Joint Civil Judge and Judicial Magistrate (First Class) P M Kolse then adjourned the case to April 4, when the recording of the testimony of witnesses will continue.

Advocate Iyer told reporters that the proceedings were held in accordance with the Supreme Court’s directives to expedite cases against MPs and MLAs through fast-track courts.

The procedure was completed in around 15 minutes, after which Gandhi droves back to Mumbai. He did not speak to the media.

“We have full faith in the Indian judiciary and are confident that justice will be served. While Gandhi has been granted permanent exemption from personal appearance in future hearings, we will present defence witnesses at the appropriate time,” Advocate Iyer said. 

The cross-examination of the investigating officer would resume at the next hearing, he said, adding that Gandhi’s examination has not been scheduled for that day.

The case against Rahul Gandhi is based on a complaint filed by Rashtriya Swayamsevak Sangh (RSS) activist Rajesh Kunte under section 500 (defamation) of the Indian Penal Code.

Kunte alleged that the Congress leader, speaking at a rally at Sonale village during the 2014 Lok Sabha elections, stated that the RSS was behind the assassination of Mahatma Gandhi.

The ‘false statement’ maligned the RSS’s image, he claimed.

The proceedings were stayed for nearly two years by the Supreme Court while legal challenges to the defamation laws were being heard. The stay was lifted in 2016, but it took about a year for the case to reach a “plea” stage. After Gandhi pleaded not guilty, the trial started.

The case, however, moved at a slow pace between 2018 and 2022 due to multiple interim applications as well as the COVID-19 lockdown. The trial finally began in 2023 with the court recording complainant Rajesh Kunte’s statement. 

Later on Saturday, Rahul Gandhi met Congress leaders in Mumbai and questioned them about the reasons for the party’s poor performance in the January 15 Mumbai civic polls, Congress sources said.

Sapkal and Mumbai Congress chief Varsha Gaikwad were present at Gandhi’s luncheon meeting at a suburban hotel. He had a one-on-one meeting with Sapkal before flying back to Delhi, sources said.

The party won only 24 out of 227 seats in the last month’s Brihanmumbai Municipal Corporation elections, raising questions about its decision not to forge an alliance with its Maha Vikas Aghadi partners Shiv Sena (UBT) and NCP (SP).

Gandhi asked the Mumbai unit to work for strengthening the organisation at the grassroots level, sources said.

The BJP workers who showed black flags to Rahul Gandhi’s car in Mulund accused him opposing Prime Minister Narendra Modi on every issue.

“Rahul Gandhi opposes whatever the prime minister does, even on issues concerning the nation. The Youth Congress workers raised slogans at the AI Summit, maligning the country’s image. That is why we protested against him,” a BJP supporter said.

Police had made elaborate arrangements to prevent a confrontation between the workers of the two parties.

State Congress leader Sachin Sawant said the protest by BJP workers was “an attempt to divert attention from key national issues”, and sought to know the reasons behind the BJP Government’s “surrender” before US President Donald Trump. 

The NCP (SP) also hit out at the ‘black flag’ protest, calling it a “disrespectful” departure from democratic norms.