Defamation case: Court orders Rahul Gandhi not to comment on orders he has not challenged

Recently when Satyaki Savarkar deposed before the court, he was to play a CD that contained the video of Gandhi’s speech. But when the CD was played in court, it was found to be blank. Satyaki’s lawyer advocate Sangram Kolhatkar filed an application seeking adjournment and sought a thorough investigation into the CD issue. Opposing the adjournment, Rahul Gandhi’s lawyer Milind Pawar filed an application which had certain remarks.

Satyaki Savarkar through advocate Kolhatkar had sought an explanation on two of Pawar’s remarks. In the first remark, Pawar had said, “complainant managed to secure the order of issuance of summons against Rahul Gandhi not on the strength of any cogent material, admissible evidence, or legally sustainable proof, but by deploying undue pressure and creating an atmosphere of haste and urgency before this Court.”

In the second remark, Pawar said, “Thus, the record shows that the complainant succeeded in obtaining the summoning order through overreach rather than through lawful proof.”

Ruling on Savarkar’s application on Wednesday, the court said, “This court finds that, if the accused has any grievances against the issuance of summons order then he should challenge it before the appropriate Court. But, he cannot make any comment on the order which he did not challenge. Either he has to accept the order or he has to challenge the order before the appropriate court. Therefore, this court directs that, accused shall not make any comment on any order which has become final or unchallenged.”

Kolhatkar had said that comments made by the accused through his lawyer were serious in nature and amounted to mudslinging on the conduct of the complainant. He had also alleged that the comments cast doubt on the functioning impartial judiciary system.