Bhubaneswar: Cong Vice President Rahul Gandhi has been summoned by Kamrup Metropolitan court in Assam in connection with a defamation case for his remark against Rashtriya Swayamsevak Sangh (RSS).
According to ANI, Rahul Gandhi has to appear before the Court on September 29.
Giving relief to Congress VP Rahul Gandhi, the Supreme Court said on July 27 that in criminal defamation cases, the police can’t inquire into the complaint and the magistrate should independently examine its truth or veracity before taking cognizance and issuing the summons.
The apex court was hearing Mr. Gandhi’s petition seeking to quash the summons for his remark of RSS role in Mahatma Gandhi’s assassination.
During the resumed hearing of the petition filed by Rahul Gandhi, seeking to quash the summons and criminal proceedings, a Bench of Justice Dipak Misra and Rohinton Nariman pointed out that Police has no role in criminal defamation cases.
But in this case, the magistrate had called for a report from the police on the alleged statement made by Rahul Gandhi about the role of RSS in an assassination of Mahatma Gandhi and on that basis taken cognizance of the complaint which is erroneous. The matter will have to be sent back to the magistrate for fresh consideration, the bench observed.
Earlier in July, the Supreme Court observed that Rahul Gandhi, who blamed RSS for the assassination of Mahatma Gandhi, should not have resorted to “collective denunciation” of an organisation and will have to face trial in the defamation case against him if he does not express regret.
“We have held it may be historically correct but the factor the statement has to meet the test of the public good. You can’t make collective denunciation,” a bench comprising Justices Dipak Misra and RF Nariman said.
While quoting the recent order in a petition filed by DMDK leader and actor A Vijayakanth challenging the cases lodged against him and others in which the apex court has issued a notice to Tamil Nadu Chief Minister Jayalalithaa, the bench said criticism of government is one thing and criticism of historical figures is another.