In a significant development, the Special MP/Prec Court has dismissed a plea seeking strict action against Congress leader Rahul Gandhi and alleged delay in the ongoing criminal defamation case linked to his theories about Hindutva ideologue Vinayak Damodar Savarkar.
Rahul Gandhi had earlier got bail from the same court on January 10, 2024. Apart from this, the court had exempted him from personal appearance after a concurrent appearance before Special Judge Amol Shinde.
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However, in the last few months, Satyaki Savarkar, in the post and case of Savarkar, filed an application through his Attorney General and alleged that Rahul Gandhi has banned Rahul Gandhi and canceled his bail and took strict action against him.
On May 28, Judge Shinde dismissed the application, stating:
"It is not found that action is being taken against the accused on statutory grounds.
The court, after considering the opinion, concluded that the delay was not justified and, therefore, no action was taken at this stage.
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Background of the case
The case of criminal defamation arises out of the allegation made by Rahul Gandhi during an event organised by the Overseas Congress in the United Kingdom on March 5, 2023. According to Satyaki Savarkar, the video in which Rahul Gandhi presented Savarkar with partially showing supporters and statements of similarity was widely circulated and published across India, including Pune.
The petition claimed that:
"Rahul Gandhi has accused Savarkar of communalism in a book describing the advice of a Muslim man. This is factually incorrect, and no such article exists."
Satyaki Savarkar supported his plea with several news reports and a YouTube video of Gandhiji's speech in London. He alleged that Rahul Gandhi's remarks were made in a slanderous and malicious manner to tarnish Savarkar's image and cause mental harassment to the Savarkar family.
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The plea sought that Rahul Gandhi be booked under Section 500 of the Indian Penal Code (IPC), which relates to the Code of Criminal Procedure (CrPC), and a main section order be passed under Section 357 of the Code of Criminal Procedure (CrPC).
In earlier proceedings, the court had allowed the case to be moved from a summary trial to a summons trial, which allows for the inclusion of historical evidence in support of arguments.
Now that the court has dismissed the plea to cancel the bail, the case is proceeding under its regular trial, which now focuses on the main allegation and evidence.
"It is not found that the material A case of carrying has come to light." - Judge Amol Shinde
