Any Link Between Savarkar & Godse Family Is Not Necessary To Decide Defamation Case: Pune Court Rejects Rahul Gandhi's Plea
A special MP/MLA Court in Pune has rejected the application filed by Congress leader Rahul Gandhi claiming that Vinayak Savarkar had family relations with Nathuram Godse and thus the "maternal side" family tree of the complainant in the defamation case - Satyaki Savarkar, must be brought on record.Notably, Gandhi had in his application stated that Satyaki is the son of Savarkar's brother...
A special MP/MLA Court in Pune has rejected the application filed by Congress leader Rahul Gandhi claiming that Vinayak Savarkar had family relations with Nathuram Godse and thus the "maternal side" family tree of the complainant in the defamation case - Satyaki Savarkar, must be brought on record.
Notably, Gandhi had in his application stated that Satyaki is the son of Savarkar's brother Ashok and Himani, who was the daughter of Gopal Godse, the real brother of Nathuram Godse. Therefore, the complainant, who had filed only his "paternal side" Family Tree and not the maternal side one, to avoid bringing on record the family relations between Savarkar and Godse families.
However, special Judge Amol Shinde in his May 28 order, has said that bringing the maternal side family tree is not necessary to decide the instant defamation case.
"This court finds that this case is related only to alleged defamatory speech made by accused in London against Vinayak Damodhar Savarkar. The complainant is a grandson of one of the brothers of Vinayak DamodharSavarkar. Section 199 (1) of CrPC says that no Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code, except upon a complaint made by some person aggrieved by the offence… The complainant seems to be an aggrieved person," the judge recorded in the order.
The judge further opined that the burden of proof that Gandhi actually defamed Savarkar in his speech in London, lies on the complainant Satyaki.
"If he fails to prove the case then accused would be entitled to be acquitted. The case is not related or Family Tree of Himani Ashok Savarkar is not disputed in this case. Therefore, this court does not find any merits in the application of the accused. There is also no need to send matter for further investigation. Hence the application sans merits and same is liable to be rejected," the court held.
In his application through advocate Milind Pawar, Gandhi pointed out that Satyaki's mother Himani is originally and by birth from Godse family. Inspite of this, he has "deliberately, systematically and very brilliantly avoided and suppressed to disclose the family tree from his maternal side."
The application further alleged that Satyaki deliberately suppressed the fact that Savarkar was also a 'co-accused' in the murder case of Mahatma Gandhi but was not convicted rather acquitted for want of proper evidence.
Further, Gandhi referred to "historical facts" to show how both Godse and Savarkar were staunch supporters of "Hindu Nation" and considered Muslims and Christians as "mis-fits" in India and how they conspired to kill Mahatma Gandhi considering him to be "lenient" for Muslims during the partition.
In the application, it was stated that Savarkar was a prominent proponent of the two-nation theory, which posited that Hindus and Muslims were "distinct nations" which was supported later by Mohammad Ali Jinnah, the leader of Muslim League.
"Savarkar's views articulated in 1937 and further solidified in 1943, emphasised the separation of the two communities and their distinct identities, a perspective that laid the groundwork for the eventual partition of India," the plea reads.
According to the application, Savarkar was known for his "anti-Muslim" writings ever since he was in jail.
Referring to various historians, the application states, "Savarkar promoted anti-Muslim form of Hindu nationalism and saw Muslims in the Indian police and military to be 'potential traitors.' He advocated that India reduce the number of Muslims in military, police and public service and ban Muslims from owning or working in munition factories."
Further referring to his 1963 book, 'Six Glorious Epochs of Indian History', the application reads, "Savarkar has said that Muslims and Christians wanted to destroy Hinduism. He advocated use of rape as a political tool and accused Muslim women of actively supporting their men's atrocities against Hindu women. He had also written that young and beautiful Muslim girls should be captured, converted and presented to Maratha warriors as a reward just like Muslim ruler Tipu Sultan distributed Hindu women among his warriors."
Basically, the application was against the contention of the complainant that Gandhi by stating in London that Savarkar wrote in his book about how he and his friends "enjoyed" assaulting a Muslim youth, had tried to defame him.