Rahul Gandhi Approaches SC in Savarkar Defamation Matter, Hearing Scheduled for Tomorrow
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Synopsis
Rahul Gandhi has sought the Supreme Court's intervention to quash a defamation case linked to comments made about Vinayak Savarkar. The court hearing is set for April 25, following previous court decisions that denied his requests to dismiss the charges.
Key Takeaways
- Rahul Gandhi is challenging a defamation case regarding comments on Vinayak Savarkar.
- The Supreme Court hearing is on April 25.
- Previous court rulings have not favored his requests.
- Gandhi's case involves allegations under Sections 153-A and 505 of the IPC.
- The Supreme Court has previously intervened in other cases involving Gandhi.
New Delhi, Apr 24 (NationPress) The Leader of the Opposition in Lok Sabha, Rahul Gandhi, has approached the Supreme Court seeking to dismiss a 2022 defamation case against him regarding alleged slanderous comments about freedom fighter Vinayak Damodar Savarkar.
In November 2022, during his Bharat Jodo Yatra, Rahul Gandhi purportedly made defamatory statements about Savarkar at a rally held in Akola, Maharashtra.
According to the list of cases published on the apex court's website, a bench comprising Justices Dipankar Datta and Manmohan will hear the plea from the Rae Bareli MP on April 25.
Previously, the Lucknow Bench of the Allahabad High Court had refused to exercise its inherent powers in favor of Rahul Gandhi, who sought the dismissal of all legal proceedings. A single-judge bench led by Justice Subhash Vidyarthi, in an order issued on April 4, stated that Rahul Gandhi had the legal option to file a revision against the order of the lower court summoning him to face trial for offenses under Sections 153-A and 505 of the now-repealed Indian Penal Code (IPC).
"As the petitioner has a statutory remedy of filing a revision under Section 397/399 Cr.P.C., this court does not find it appropriate to exercise its inherent powers under Section 482 Cr.P.C.", stated the Allahabad HC.
Under the IPC of 1860, Section 153-A pertains to offenses promoting enmity among different groups based on religion, race, or caste, while Section 505 relates to statements that may cause public mischief.
In January of this year, the Supreme Court issued an interim order halting trial court proceedings in a defamation case initiated by a BJP worker against Rahul Gandhi for allegedly defamatory comments made about Union Home Minister Amit Shah. During a public address in Chaibasa, Jharkhand before the 2019 Lok Sabha elections, Rahul Gandhi referred to Shah as a "murder accused". In August 2023, the Supreme Court suspended the conviction of Rahul Gandhi in the 'Modi surname' defamation case, which resulted in the loss of his Lok Sabha membership, stating that no reasons were provided by the trial judge for the maximum two-year sentence imposed in the case.
After the apex court's stay order, the Lok Sabha Secretariat reinstated his parliamentary membership on August 7, 2023. Rahul Gandhi was disqualified as an MP in March 2023 after a Surat court convicted him and sentenced him to two years in prison for his statement, "How come all thieves have Modi as the common surname," made during an election rally in Karnataka in April 2019. His comment was seen as an attempt to create an implicit connection between Prime Minister Narendra Modi and fugitive businessmen Nirav Modi and Lalit Modi.
