Congress vice-president Rahul Gandhi is in serious trouble for his speech in which he accused the Rashtriya Swayamsevak Sangh (RSS) of killing Mahatma Gandhi. On Tuesday, the Supreme Court gave the Congress leader the option to express regret or face trial in the defamation proceedings pending against him before a Maharashtra court.
The Congress’ heir apparent had throughout argued that his comment on the RSS was aimed at Nathuram Godse, who had left the RSS before killing Gandhi. This was part of a speech he gave at an election rally at Sonale on March 6, 2014. On Rahul’s plea to consider quashing the criminal case against him on merits, the Bench of Justices Dipak Misra and Rohington F Nariman said, “You cannot indulge in such collective denunciation as there is a difference in saying the RSS killed Gandhi and Godse killed Gandhi.”
Senior advocate Harin Raval sought two weeks adjournment to file documents in support of the controversial statement. The Bench observed, “We will adjourn the matter but not the way you want. We have made up our mind. Already we have upheld (constitutional validity of) defamation by our earlier judgment. What you have said must meet the test of public good. That can be decided only during trial.” The matter will be heard on July 27.
Meanwhile, the RSS and the Congress engaged into a fierce war of words over Rahul’s remarks. While RSS accused the Congress of “consistently trying to spread lies” about it and assailed Rahul for “avoiding trial”, the Congress said Rahul will not tender an apology over his remarks rather will substantiate with historical facts and evidence before the court to support his claim.
“On a suggestion of Rahul Gandhi expressing regret or apology, the question does not arise. Such a suggestion has been made in the past and not accepted by Rahul Gandhi. Mr Gandhi is a mature politician with intimate knowledge of historical facts. Congress party and Mr Gandhi will defend these remarks at appropriate forum,” AICC chief spokesman Randeep Surjewala said. He said since the matter is pending adjudication, “we will not like to comment further on the issue”.
The case against Rahul Gandhi was filed by Rajesh Kunte, secretary of Bhiwandi unit of the RSS. Kunte alleged that the Congress scion had tarnished the reputation of the RSS with his statement. Rahul’s lawyer Raval pointed out that the original speech was in Hindi in which Rahul referred to Godse as an RSS man and not the organisation as such. But the SC insisted that by the tone and tenor of the speech one will not infer in this manner.
At one point the court even observed why “historically wrong facts” were said by the petitioner. The court revived its earlier offer to the petitioner to apologise and end the matter. “This proceeding can be closed in a four-line order,” the SC said. But Raval insisted that his client’s speech should not be seen in part but in full which will explain that the reference was to Godse. In support, he produced an order by the Punjab & Haryana High Court.
At this point, the SC said, “If we dismiss this petition you will have a large handicap. We are not concerned with your speech but whether what is stated by the petitioner comes within the ambit of defamation. Here it comes within Explanation 2 to Section 499 of IPC (defamation). You face the trial.”