Rahul Gandhi`s fallacy entraps him in RSS defamation case, charges under IPC 499, 500 framed
Source :NewsBharati   Date :12-Jun-2018

Mumbai, June 12: Congress chief Rahul Gandhi has got a massive setback from Bhiwandi Court in a criminal defamation case filed by a Rashtriya Swayamsevak Sangh (RSS) functionary Rajesh Kunte.

 

The case was filed against Rahul after he said - at a rally in Bhiwandi in 2014 - that the RSS was involved in the assassination of Mahatma Gandhi. Now today, the Bhiwandi Court has framed the charges under section IPC 499 and 500 against Rahul Gandhi. Meanwhile, Rahul Gandhi pleaded not guilty and that's why now further he has to prove his point.

The local RSS functionary Rajesh Kunte had filed the defamation suit against Rahul Gandhi for his statement accusing RSS of Mahatma Gandhi’s assassination during an election speech in 2014 in Bhiwandi. Kunte said that the Rahul Gandhi’s alleged statement hurt the feelings of thousands of Swayamsevaks and harmed the reputation of the RSS.

In a dramatic move, lawyers of Rajesh Kunte submitted the true copy of the affidavit signed by Rahul Gandhi in which he has supposedly accepted the allegations made by the RSS functionary. Rahul's lawyer team got annoyed with this surprising move and in the frenzy refused to accept that it was 'the' document which has been submitted by Rahul in the Bombay HC. Advocate Ganesh Dhargalkar who is leading this case on behalf of Rajesh Kunte told NewsBharati that Rahul Gandhi was asked to exhibit the document which he has submitted in the Bombay High Court but Rahul Gandhi denied to exhibit. Rajesh Kunte has pursued for the documents submitted in HC by Rahul Gandhi's lawyers.

Meanwhile, the ugly show of force and brutality was witnessed by Rajesh Kunte who is the complainant and made the mighty Congress King to come down to small town of Bhiwandi. Talking to media, furious Rajesh has complained that special treatment was given to Rahul Gandhi and his people. Rajesh Said: "I am complainant and still was not allowed inside court without being frisked but Rahul Gandhi and his people went in without frisking despite him being accused".

In 2015, Rahul Gandhi desperately knocked the doors of the Bombay HC to invalidate the case against him. But, Bombay High Court dismissed his petition for quashing a defamation case against him for allegedly blaming RSS for the assassination of Mahatma Gandhi. Justice ML Tahaliyani rejected Rahul Gandhi's petition seeking to quash the complaint filed by RSS functionary Rajesh Kunte before a magisterial court in Bhiwandi in Thane district claiming that the Congress leader had said at a rally during last year's Lok Sabha poll that a worker of the RSS had killed Mahatma Gandhi.

In his complaint, Kunte, secretary of the Bhiwandi unit of RSS, had alleged that Rahul told an election rally at Sonale on March 6 that "RSS people killed Gandhiji". He said the Congress vice president had sought to tarnish the reputation of the Sangh through his speech.

Following the complaint, the magistrate's court in Bhiwandi initiated proceedings and issued a 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 argued that the complaint was motivated and malafide and deserved to be quashed.

However, Rahul Gandhi had also moved to Supreme Court seeking quashing of the case in the year 2016. But the apex court said he should not have resorted to “collective denunciation” of an organization and would have to face trial if he did not express regret for his remark. The Congress chief immediately declined to accept the suggestion and expressed willingness to face the trial.


Section 499 in the Indian Penal Code

499. Defamation.—Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. Explanation 1.—It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2.—It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3.—An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4.—No imputation is said to harm a person’s reputa­tion, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgrace­ful.

Section 500 in the Indian Penal Code

500. Punishment for defamation.—Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

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