Pune Court Allows Rahul Gandhi's Plea To Convert Savarkar Defamation Case Into 'Summons Trial' To Enable Him To Bring Historical Facts On Record

A special MP/MLA Court in Pune on Monday allowed an application filed by Congress leader Rahul Gandhi seeking to convert the 'summary trial' pending against him over his allegedly defamatory statements against late right-wing leader Vinayak Savarkar, into a 'summons trial' as his statements were based on historical facts.

Special Judge Amol Shinde noted that no prejudice will be caused to either Gandhi or the complainant Satyaki Savarkar, the grandson of Savarkar.

"In the present case accused is claiming and raised questions of facts as well as law which are complex in nature. The accused also raised certain issues which will be determined on historical facts. Therefore, in my view it is undesirable to try this case as a summary trial. Because in summary trial detail evidence and cross examination is not taken. In this case, accused has to lead detail evidence and has to cross examine the witnesses of the complainant thoroughly," the judge noted in the order. 

The judge further noted that the offence in the instant case is under section 500 (criminal defamation) of the Indian Penal Code (IPC), which provides for two years simple imprisonment along with a fine. The judge, therefore, held that the instant case prima facie falls in the category of a summons case in view of the classification provided in the Criminal Procedure Code (CrPC).

"As per section 260(2) of the CrPC, which provides and facilitates the court that, even during the course of trial it appears that, it is undesirable to try summarily, then Magistrate can re-hear the case. Hence, it shall be incumbent in the interest of justice that, the matter should be tried as a summons case. No prejudice would be caused to any party, if the present case is tried as a summons case," the judge held. 

Notably, Gandhi had on February 18 filed an application through advocate Milind Pawar, wherein he pointed out that the complainant in the instant case - Satyaki, in his complaint has claimed that Savarkar has contributed in India's struggle for freedom from the British rulers. However, disputing the same, Gandhi had urged the court to convert the trial into a 'summons trial' so as to call for records of historical facts.

However, Satyaki alleged defamatory speech against his grandfather holds no historic significance and thus, Gandhi cannot be allowed to divert the focus on Savarkar's contributions to India's freedom struggle.

The court, however, rejected the contentions of the complainant and allowed the application filed by Gandhi. 

Background:

The defamation complaint asserts that Gandhi has repeatedly defamed Savarkar on various occasions over the years. One specific incident highlighted was on March 5, 2023, when Gandhi addressed the Overseas Congress in the United Kingdom.

The complainant - Satyaki Savarkar has claimed that Gandhi made intentionally wild allegations against Savarkar, knowing them to be untrue, with the intention of harming Savarkar's reputation and causing mental agony to the complainant and his family. The complaint states that the defamatory speech was delivered in England, but its impact was felt in Pune as it was published and circulated throughout India.

Satyaki, in his complaint, has submitted several news reports and a YouTube link to a video of Gandhi's speech in London as evidence. He has claimed that Gandhi falsely accused Savarkar of writing a book in which he described beating up a Muslim person, which Savarkar never wrote and such an incident never happened.

Satyaki argued that Gandhi made these false, malicious, and wild allegations with the specific objective of defaming Savarkar and harming his reputation.

The criminal defamation application filed by Satyaki demands maximum punishment for Gandhi under Section 500 (Punishment for defamation) of the IPC and seeks imposition of maximum compensation as per Section 357 (Order to pay compensation) of the CrPC.

Appearance: 

Advocate Milind Pawar appeared for Gandhi.

Advocate Sangram Kolhatkar represented Savarkar.

Case Title: Satyaki Savarkar vs Rahul Gandhi (SCC 73377 of 2024)

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