Rahul Gandhi to face trial for ‘RSS killed Gandhi’ jibe
Posted July 20th, 2016, 10:51 AM IST

New Delhi: The Supreme Court on Tuesday slammed Congress vice-president Rahul Gandhi for his election speech in March 2014 alleging that the RSS was responsible for the assassination of Mahatma Gandhi and indicated that he may have to face trial in the defamation complaint filed against him by an RSS activist.
A bench of Justices Dipak Misra and Rohinton Nariman told senior counsel Harin Raval, appearing for Mr Gandhi who has challenged the defamation proceedings, “There is a difference between Nathuram Godse killing Mahatma Gandhi and the RSS killing him. You can’t make a collective denunciation of an organisation. It must stand the test of public good. Otherwise it has to go for trial.”
During an election speech in March 2014 in Bhiwandi, Maharashtra, Mr Gandhi is alleged to have said that Gandhiji was shot dead by RSS people and yet their people talk of Gandhiji. The comment led to a criminal complaint being filed by RSS activist Rajesh Kunte against Mr Gandhi and the case is pending.
Mr Kunte termed Mr Gandhi’s comment “false, frivolous, baseless and wanton allegations, imputations against the RSS and its people with mala fide motive to harm the reputation of the RSS, its followers, people, swayamsevaks”. The Bombay HC had dismissed his plea for quashing the case, following which he had filed another plea.
In the last hearing in November 2015, the Supreme Court had offered Mr Gandhi an opportunity to express regret over the remarks and give the issue a “decent burial”. But his senior counsel Kapil Sibal had said that Mr Gandhi would not offer an apology and was ready to argue the matter.
A bench of Justices Dipak Misra and Rohinton Nariman told senior counsel Harin Raval, appearing for Mr Gandhi who has challenged the defamation proceedings, “There is a difference between Nathuram Godse killing Mahatma Gandhi and the RSS killing him. You can’t make a collective denunciation of an organisation. It must stand the test of public good. Otherwise it has to go for trial.”
During an election speech in March 2014 in Bhiwandi, Maharashtra, Mr Gandhi is alleged to have said that Gandhiji was shot dead by RSS people and yet their people talk of Gandhiji. The comment led to a criminal complaint being filed by RSS activist Rajesh Kunte against Mr Gandhi and the case is pending.
Mr Kunte termed Mr Gandhi’s comment “false, frivolous, baseless and wanton allegations, imputations against the RSS and its people with mala fide motive to harm the reputation of the RSS, its followers, people, swayamsevaks”. The Bombay HC had dismissed his plea for quashing the case, following which he had filed another plea.
In the last hearing in November 2015, the Supreme Court had offered Mr Gandhi an opportunity to express regret over the remarks and give the issue a “decent burial”. But his senior counsel Kapil Sibal had said that Mr Gandhi would not offer an apology and was ready to argue the matter.
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