Savarkar defamation case: Rahul Gandhi appears before Pune court virtually, granted bail

The court granted Rahul bail on a surety bond of Rs 25,000. Congress leader Mohan Joshi from Pune stood as surety for Rahul.

Savarkar’s grandnephew Satyaki Savarkar had filed a complaint before a magistrate court in Pune against the Congress MP for allegedly making defamatory remarks against Savarkar during in London on March 5, 2023.

The case was later transferred to the MP/MLA court. Despite the court’s order that Rahul Gandhi “must personally appear”, he had remained absent during the previous hearings. His lawyer Milind Pawar had told the court that Rahul could not appear due election campaigns in different states and Winter Session of Parliament.

Satyaki’s lawyer Sangram Kolhatkar had then filed an application seeking a non-bailable warrant against Rahul and that action be taken against him under IPC section 174 (not appearing intentionally).

Advocate Pawar argued that being LoP in Lok Sabha, Rahul’s presence for the Parliamentary session was important and so he may be exempted from appearing before the court. Court allowed the exemption plea and ordered Rahul to appear on January 10.

Accordingly, advocate Pawar told the court Friday morning that Rahul would appear through video conferencing.

Submitting citations and rules of Punjab, Haryana, Kerala and Bombay High Court and Supreme Court, advocate Pawar claimed that Rahul can appear virtually.

But advocate Kolhatkar argued there was no provision in law that allows first appearance of the accused before the court virtually.
Kolhatkar made submissions on the basis of a Maharashtra government notification dated December 19, 2024, regarding the “High Court of Bombay Rules for Video Conferencing for Courts 2022”

After hearing both sides, the court rejected Kolhatkar’s application. Soon, around 5.15 pm, Rahul Gandhi appeared virtually before the court.

Advocate Kolhatkar raised objections that the court has not nominated a “coordinator” for video conferencing under Rule 5 of the “High Court of Bombay Rules for Video Conferencing for Courts 2022”.

Court, however, set aside the objection citing the same rules, pointing out “exceptional circumstances” including “law and order and matters relating to the safety of the accused…”

Advocate Pawar then filed applications on Rahul’s behalf, seeking bail and exemption from appearing before the court for further hearings. Court allowed both the applications.

Court informed Rahul that the next hearing would take place on February 18.

In his petition, Satyaki had stated that Rahul Gandhi has intentionally made “false, malicious and wild” allegations against Savarkar. With his complaint, Satyaki had attached a few news reports as well as a YouTube link of a video of Rahul’s speech in London as evidence.

As per the directives of the court, the Vishrambag police station of Pune city police conducted an inquiry into this matter and submitted a report on May 27, 2024 that Rahul Gandhi has allegedly defamed Savarkar in his speech before the “Indian Diaspora in London” in March 2023.