Stand by RSS remark, ready for trial: Rahul Gandhi

Supreme Court refused to grant Rahul Gandhi exemption from personal appearance before the magistrate in the defamation case.

Written by Utkarsh Anand | New Delhi | Updated: September 2, 2016 12:15 pm
rahul gandhi, rahul gandhi RSS, rahul gandhi on RSS, mahatma gandhi assassination, mahatma gandhi killing, nathuram godse, supreme court, rahul gandhi on mahatma gandhi Congress vice president Rahul Gandhi. (Express photo by Prem Nath Pandey)

A week after he told the Supreme Court that he never meant to blame the entire RSS for the assassination of Mahatma Gandhi, Congress vice president Rahul Gandhi Thursday withdrew his plea from the apex court for quashing of criminal defamation charges and said he would rather stand trial.

Rahul will have to appear before the magistrate in Bhiwandi, Maharashtra on November 16 because a bench of Justices Dipak Misra and Rohinton F Nariman rejected his plea to grant him liberty not to appear in person and let his counsel represent him.

“We will not grant any exemption (from personal appearance)… there is a procedure prescribed under Section 205 of the CrPC. You make your application there,” the bench said after Rahul’s counsel Kapil Sibal requested the court to relax the condition of personal appearance. Under Section 205, a magistrate may dispense with personal attendance of the accused and permit him to appear via his pleader.

WATCH VIDEO: Making Sense Of Rahul Gandhi’s Decision To Now Face Trial In The RSS Remark Case

 

Sibal had earlier submitted before the court: “I will never withdraw my word (on RSS). I stand by every word I said in my (2014) speech and I shall also repeat it in future. I stand by it today and I will stand by it in future. I am ready to go to trial.”

Sibal’s response was prompted by the contention of complainant’s lawyer U R Lalit who said the RSS was willing to bury the hatchet only if Rahul recorded his statement in the apex court that he did not implicate the organisation in any manner for the killing.

Lalit said that as counsel for the RSS, he was justified in seeking a statement on record to test the bonafide of Rahul. He said Rahul and Congress were not bothered about Nathuram Godse and that they had made political capital in the last 60 years by targeting the RSS, especially to attract minority voters.

Lalit and Sibal were making their submissions following a suggestion by the court last week that it could drop criminal charges against Rahul if complainant Rajesh Kunte was satisfied with the clarification that the Congress leader had never meant to blame the whole of the RSS for the assassination.

With the counsels not finding any meeting ground, the bench decided to wrap up Rahul’s appeal for quashing the criminal defamation charges and dismissed the petition as withdrawn.

“Mr Lalit, learned senior counsel who had to take instructions, has submitted that the petitioner (Rahul) should make a statement in a particular manner. Mr Kapil Sibal, learned senior counsel, submitted that the petitioner shall go by whatever has been stated in the writ petition preferred before the Bombay High Court,” the order stated.

“Having heard learned counsel for the parties, when we expressed our opinion that we are not inclined to interfere, Mr Sibal sought leave of this court to withdraw the special leave petition. The special leave petition is dismissed as withdrawn,” the bench said.

In March 2014, while addressing an election rally in Bhiwandi, Rahul had said, “RSS people killed Gandhiji and today their people talk of him. They opposed Sardar Patel and Gandhiji.”

Local RSS leader Kunte had lodged a complaint in a magisterial court which issued summons to Rahul. This compelled the Congress leader to seek quashing of criminal proceeding before the Bombay High Court but his petition was dismissed. He challenged the High Court order in the top court, apart from a writ petition assailing the constitutional validity of the law on criminal defamation. There was a stay on further proceeding in the Bhiwandi case until the apex court in May ruled in favour of retention of criminal defamation in the IPC.

(With Web Desk inputs)

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  1. P
    prakash gotimukul
    Sep 1, 2016 at 12:28 pm
    Free media space for Pappu at no personal expense. His party has lots of money. Then there is work for unemplo Sibbal and his team and of course for pressutes like Burkha, shekhar etc to blabber for hours without contributing anything , a chance to make some silly remarks for spokies of cong.....soojhuelog, chiddu with lungim AzadorGhulam may be with furcap to show he is M, and may be Diggi and a A sharma with a truck...............
    Reply
    1. B
      Bob
      Sep 1, 2016 at 11:45 pm
      Make up your mind ! How many times do you flip flop ?
      Reply
      1. C
        Chandu Shah
        Sep 1, 2016 at 10:50 am
        Time has come to ban Sonia, Rahul, Priyanka and Robber Vadra's congress
        Reply
        1. E
          Emilyy
          Sep 1, 2016 at 11:48 pm
          Hate philosophy of RSS only is responsible for Congress' life. RSS must be held accountable for all loot this Dynastic rule has caused to Nationlt;br/gt; lt;br/gt; Godse immortalized Mohan Das Karam Chand hi. That tragic incident has been stinging the country since 70 years in form of Congress. Otherwise Congress would have finished much earlier. lt;br/gt;lt;br/gt; Unluckily, some MPs and CMs of Modi are stupids.
          Reply
          1. N
            Nixon Augustin
            Sep 1, 2016 at 8:27 pm
            It shouldn't be 'I' but 69% who didn't vote for Modi then and 81% now barring communal BJP's core supporters.
            Reply
            1. J
              Jayakumar
              Sep 1, 2016 at 12:05 pm
              Ra bachu... You will shortly be in Tihar guest house and Sibal will fetch you garam pani.
              Reply
              1. V
                Vs
                Sep 2, 2016 at 5:08 am
                It is easy to find fault in others actionslt;br/gt;What about Kandahar incident lt;br/gt;Leaving of terrorist for saving mufti daughterlt;br/gt; of psu at extremely low priceslt;br/gt;Kargil attack
                Reply
                1. S
                  SubbuI
                  Sep 1, 2016 at 12:24 pm
                  WE THE KIN OF OF FEW CONGREES FREEDOM FIGHTERS AND OUR CHILDREN AND THE ALL INC MEMBERS AND SUPPORTERS OF CONGREES PARTY ARE VERY PROUD OF OUR YPUND VICE PRESIDENT AND GREAT G SON OF OUR FIRST PRIME MINISTER AND FOUNDER OF MODERN AND IDUSRIALISED INDIA AND G SON OF SHARNI INDIRA HI WHO TAUGHT A LESSON TO STHAN AND WAS NOT BULLIED BY USA AND THEN PRESIDENT NIXON UNLIKE THE PRESENT COWARDS WHO SURRENDERED TO USA AND SIGNED A TREATY TO GIVE BASE TO THE US BULLYS. AND SON OF OUR BELOVED GENTLE MAN PRIME MINISTER SHRI RAJIV HI WHO WAS THE MODERN DIGITAL ELECTRONICS FOUNDATION MAN AND BOTH G MOTHER AND FATHER WHO GAVE LIFE TO NATION AND ISINATED BY ANTI IDDIA TERROISTS. WE ALL AWAIT THE TRAIL AND COURT APPEARANCE OF GREAT SON OF INDIA TO EXPOSE ALL TALES AND KARANAMAS OF THE TWIN OF ISIS , THE RSIS THE TERRORIST AND FANATICS . WE HAVE ALREADY STARTED SIGNATURE CAMPAIGN THAT WHAT OUR VP THE TRUE SON OF INDIA SAID IN BHIWANDI MEETING IS PERFECTLY TRUE STATEMENT WE ALL STAND BY IT. WE PLAN TOSEND 5 lacs SIGNATURE STATEMENT TO THE PRESIDENT AND CHIEF JUSTICE OF INDIA BEFORE THE START OF THE TRAIL. LONG LIVE DEMOCROCY AND FREEDOM OF SPEACH. JAIHIND
                  Reply
                  1. A
                    ABI
                    Sep 2, 2016 at 8:58 am
                    Rome was not built in a day remember this too mr. blogger, Indians try to copy westerners that was earlier trend but not now its vice versa. If the blogger thinks 'all road leads to rome' how come italians are still in this country why not go back.
                    Reply
                    1. A
                      ABI
                      Sep 2, 2016 at 9:01 am
                      Thanks for the info, I personally feel Godse did favor to this country by taking out a menace to the country. Lucky there is another Govt at the centre otherwise Congress would be still ruining it more.
                      Reply
                      1. A
                        ABI
                        Sep 2, 2016 at 9:35 am
                        The pros and cons of RSS speech and an" power craving" " opportunist" Rahul. its all politically motivated, does anyone care now who killed and why. People are taken for granted and these people ask for votes again while election time comes. Let there be more constructive politicians not divisive ones. Talk more about progress and act on it rather than crying over split milk.
                        Reply
                        1. A
                          Ajay G
                          Sep 2, 2016 at 4:03 am
                          Regressive atude. Why politics over a dead issue! At the best it can give him some cheap publicity. lt;br/gt;lt;br/gt; If he goes to jail, none other than sibal will be with him. He is in delusion if he thinks some sympathy will pour out for him. lt;br/gt;lt;br/gt; If he is imitating Modi, issue should be Development, terrorism, women/youth empowerment, corruption (Ha ha ha!!), Governance.
                          Reply
                          1. H
                            Hard Talk
                            Sep 2, 2016 at 9:41 am
                            Well said.
                            Reply
                            1. A
                              Anup Malhotra
                              Sep 1, 2016 at 9:26 am
                              Rahul hi is a big liability for Congress . Under him Congress is bound to perform very badly in UP elections .
                              Reply
                              1. M
                                Moloy Aich
                                Sep 1, 2016 at 4:57 pm
                                Killing of Mahatma hi by RSS or not is less important. Main thing is the way country is being converted into another stan. lt;br/gt; lt;br/gt; The attempt to exonerate RSS from it's crimes must be aborted.
                                Reply
                                1. A
                                  ashwani bakshi
                                  Sep 1, 2016 at 4:25 pm
                                  Rahul has done right thing. It is high time for congress to take firm stand on ideological issues. Nation can not afford its limping along any more.
                                  Reply
                                  1. B
                                    Barb Dewyre
                                    Sep 1, 2016 at 11:35 am
                                    This re-opening of hi's ination case does not auger well for the RSS. When mud is flung, some of it is sure to stick. It will also keep Rahul hi in the news on a subject that most people, including hardcore Sanghis, believe that RSS had a role in.
                                    Reply
                                    1. B
                                      Bhagavath B S
                                      Sep 1, 2016 at 4:23 pm
                                      HIS LATEST CONGRESS ADVISOR TAKING UNAUTHORISED LEAVE FROM NITISH,STARTED GIVING ADVICE TO MILK BOY RAHUL THAT HI BECOME FAMOUS AS BECAUSE HE WENT TO JAIL SO MANY TIMES,RAHUL ALSO WANTS TO GO TO JAIL TO BECOME FAMOUS,LET HIM GO
                                      Reply
                                      1. B
                                        Bhagavath B S
                                        Sep 1, 2016 at 4:26 pm
                                        Janatha janardhanan is RSS.people has shown the place where should be
                                        Reply
                                        1. S
                                          sekhar
                                          Sep 2, 2016 at 11:06 am
                                          the Puppooos are again trying to revive an old matter to create DIVIDE in the society/vote bank -the same divide and rule being done by KHANGIs since 70 years-as he has no real issues to attack Modi.
                                          Reply
                                          1. C
                                            chandrakanth
                                            Sep 2, 2016 at 3:36 am
                                            RSS... The British Agent .. aaisa ssare kahte hai
                                            Reply
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