Supreme Court stays proceedings against Rahul Gandhi

Must Read

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Follow us

The Supreme Court on Thursday stayed criminal defamation proceedings pending against Congress vice-president Rahul Gandhi in Maharashtra’s Bhiwandi magisterial court. A bench led by Justice Dipak Misra also dispensed with the personal appearance of the Congress leader before the trial court where Rahul was supposed to appear on the given date.

The bench tagged his petition with those filed by BJP leader Subramanian Swamy and Delhi chief minister Arvind Kejriwal, who had also challenged the constitutional validity of penal provisions on defamation.

Contending that Mahatama Gandhi’s assassination was a result of “destructive philosophy” of those associated with the Rashtriya Swayamsevak Sangh (RSS), Rahul had moved the Supreme Court for quashing the criminal case lodged against him for his comments on RSS during an election rally last year.

As per the petitioner, the assassination of Mahatama Gandhi was a result of destructive philosophy of the persons associated with the RSS. It was also clearly suggested (in the speech) that the assassins were associated or affiliated with the RSS,” said Rahul while justifying his speech in Bhiwandi in March 2014.

Stating that he never accused RSS as an “institution of crime,” the Congress leader told Court it was proved beyond a shadow of doubt that RSS had been consistently pursuing a majoritarian agenda and attached utmost importance to the propagation of its self-proclaimed version of Hindu culture and nationalism.

The RSS is a force behind the BJP as a political party and provides both the ideological ammunition as also the cadre for the elections. It was, therefore, essential for the petitioner to state the position of his party dearly and unambiguously before his audience” the petition, settled by senior advocate Mahalakshmi Pavani and others, added.

He said it was “futile to expect or to suggest that RSS would not figure in any major election speech by a speaker opposing the BJP in the electoral arena and that once the RSS had chosen to actively participate in the electoral process, it was bound to attract all legitimate criticism.

RSS worker Rajesh Kunte had filed a complaint against Rahul under criminal defamation charges of Sections 499 and 500 of IPC. After he was issued a summons by a Bhiwandi magisterial court, Rahul had requested the Bombay High Court to quash the proceedings but his plea was dismissed on March 10.

Taking a cue from Swamy, Rahul had filed the criminal writ petition in the top court, challenging the constitutional validity of Sections 499 and 500 in IPC. It is on Swamy’s petition that the SC has sought the government’s stand on de-criminalizing defamation.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -