The complainant in a 2014 defamation case against Congress MP Rahul Gandhi left “no stone unturned to thwart” the Opposition leader’s legitimate right to a speedy trial, the Bombay High Court said in an order passed on July 12, reported Live Law on Tuesday.
The complainant in the case Rajesh Kunte is a member of the Rashtriya Swayamsevak Sangh, which is the parent organisation of the Bharatiya Janata Party. The case against Rahul Gandhi pertains to him allegedly accusing the Hindutva organisation of being behind the assassination of Mahatma Gandhi.
Kunte, in his defamation complaint, alleged that Rahul Gandhi tarnished the reputation of the Rashtriya Swayamsevak Sangh.
Rahul Gandhi had made the remarks while addressing an election rally on March 6, 2014, in Thane district of Maharashtra.
Kunte’s defamation complaint was filed before the Bhiwandi Magistrate Court. The lower court had then summoned Rahul Gandhi. However, the Lok Sabha MP moved the High Court challenging the summons.
In his plea in the High Court, Rahul Gandhi had attached the transcript of his 2014 speech. Kunte had then relied on this transcript submitted by the politician to argue before the magistrate that by annexing the speech copy to the petition, Rahul Gandhi has unambiguously accepted the speech and its contents.
However, this argument was rejected by the magistrate. Kunte had then moved the High Court and his plea was dismissed in 2021 by another bench comprising Justice Revati Mohite-Dere.
The 2021 order had said that the transcript cannot be used as a public document, reported The Indian Express. She added that an accused has the right to remain silent and it is “sacrosanct” in a criminal trial.
However, Kunte then filed another application before the magistrate to let him rely on the Congress leader’s speech copy. The magistrate had allowed Kunte’s application the second time.
Rahul Gandhi had then challenged this in the High Court contending that the order of the magistrate violated the 2021 order passed by Justice Mohite-Dere.
In its order on July 12, a High Court bench of Justice Prithviraj K Chavan observed that “it appeared from the overall conduct of Kunte that the matter is being unnecessarily delayed and protracted”, The Indian Express reported.
The High Court reiterated that Rahul Gandhi has the right to remain silent.
“He, therefore, cannot be compelled to admit or deny any document,” the order said, according to Live Law. “To keep silence in respect of a document by the accused is also an expression of his fundamental right under Article 20(3) of the Constitution of India. He cannot be compelled to be a witness against himself.”
The High Court also said that the magistrate appears to have completely disregarded the cardinal principle of criminal jurisprudence while permitting Kunte to rely on the speech transcript as evidence, reported PTI.
It directed the magistrate to decide and dispose of the complaint expeditiously, as it has been pending since a decade.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!