NEW DELHI: The Supreme Court on Wednesday adjourned hearing of the defamation case filed against Congress vice-president Rahul Gandhi by the RSS over his alleged remarks on the Mahatma Gandhi killing till August 23.
Noting there is irregularity in the procedure that magistrate adopted in the complaint case against Rahul, the SC said it might refer the matter back to the trial court in Maharashtra for fresh consideration.
A bench of justice Dipak Misra and justice RF Nariman told counsel of both Rahul and complainant, Rajesh Kunte, that the magistrate had asked for a police report on the application accusing the Congress vice-president of defaming RSS. Kunte, a RSS worker, claimed Rahul had in an election speech in 2014 blamed BJP’s ideological outfit for Mahatma Gandhi’s assassination.
“No magistrate can seek police inquiry in a criminal defamation case. It criminal is to be proved on basis of evidence given by complainant and police has no role in it,” the bench said.
The bench asked the advocates of both parties to address the court on the “procedural irregularity.” “If we conclude there is one then we will ask the magistrate to look into the complaint afresh,” said the court.
{{/usCountry}}The bench asked the advocates of both parties to address the court on the “procedural irregularity.” “If we conclude there is one then we will ask the magistrate to look into the complaint afresh,” said the court.
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