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Savarkar’s nephew seeks transfer of defamation case against Rahul Gandhi to ‘competent court’
Satyaki had filed a criminal defamation application against Gandhi before the court of Judicial Magistrate First Class for allegedly making defamatory claims about Savarkar during an event in London
Satyaki Savarkar, grandnephew of Vinayak Damodar Savarkar, on Saturday, has filed an application before the sessions court demanding transfer of defamation case against Congress leader Rahul Gandhi to the ‘competent court.’
Satyaki had filed a criminal defamation application against Gandhi before the court of Judicial Magistrate First Class for allegedly making defamatory claims about Savarkar during an event in London.
Satyaki moved an application through his lawyer Advocate Sangram Kolhatkar where he submitted that “There is strong apprehension lurking in the mind of applicant that fair and reasonable justice will not be served. Hence applicant amongst other grounds mentioned hereinafter seeking relief of transferring the said proceeding to another competent court.”
Savarkar has listed the grounds for the transfer of proceeding which includes that he is under strong apprehension that the justice will not be served by learned presiding officer, that if the date sheet if perused, it is clear in the minds of applicant that the learned JMFC court was strictly not adhering to the provisions laid down in Criminal Procedure Code while entertaining the complaint.
The petition further added, “That learned JMFC directing applicant to argue his entitlement for examination u/s 200 of CrPC and directing to brought all evidences on record is nothing but abuse of process and the act of Ld. JMFC is unwarranted as CrPC does not dictate to produce all evidences at the time of filing of complaint and at initial stage but instead to look into the complaint as to whether prima facie cause is made out or not.”
Kolhatkar said, “The matter is before the district judge and it was listed for hearing today. Due to unforeseen circumstances, the case will be taken up tomorrow (Tuesday).”
“The substance for filing complaint is already on record in the said proceedings still Ld. JMFC is directing to argue on the point of whether statement u/s 200 of CrPC is to be recorded or not which is clearly contrary to the provisions of CrPC. Also, conclusion can be drawn that Ld. JMFC is trying to evaluate the entire evidence at very initial stage that whether the said evidence will lead to conviction of accused or not and same is not applicable as per CrPC as evaluation of evidence has to be done at the stage of trial.. That if the request of transfer of the said proceedings from existing Ld. JMFC code will be allowed, then no prejudice or injustice will be caused to either party..,” the petition added.
