Shubhiksha G V, Pune
In a recent development that intensifies the ongoing legal battle, INC MP Rahul Gandhi has taken the drastic step of approaching the Bombay High Court. This follows as an update on the criminal defamation complaint filed by Rajesh Kunte, an RSS worker, against Gandhi.
Gandhi’s legal action comes in response to a lower court’s ruling allowing Kunte to introduce fresh documents as part of his defamation case. Of particular interest is Gandhi’s reliance on a previous 2021 high court ruling, which seemingly barred Kunte from introducing any new documents at that time.
According to PTI reports, this apparent contradiction serves as the foundation for Gandhi’s plea to the court. The magistrate’s court in Bhiwandi, located within Maharashtra’s Thane district, granted Kunte permission to submit these new documents in June of this year. However, this decision sparked controversy, with Gandhi’s legal representatives asserting that the magistrate’s order is “completely illegal and prejudicial.”
Central to this legal dispute is Kunte’s assertion that Gandhi’s statements, accusing the Rashtriya Swayamsevak Sangh (RSS) of involvement in Mahatma Gandhi’s assassination, are false and defamatory. This explosive claim has thrust the case into the limelight, drawing attention from various quarters.
Justice S V Kotwal presided over Gandhi’s appeal in a recent court session. Significantly, the judge’s perspective aligns with the principle of consistency, suggesting that since a similar high court bench had previously dealt with Kunte’s request to include additional documents, it would be appropriate for the same bench to consider Gandhi’s plea. This approach underscores the importance of maintaining the context set by prior legal proceedings.
As the legal drama unfolds, it’s evident that the battle over documents is crucial. Kunte included passages from Gandhi’s 2014 objection to summonses by the Bhiwandi court. Additionally, Kunte’s submission incorporates a transcript of Gandhi’s speech, sourced from a CD containing the alleged live telecast of the address. This particular speech has been attached as an exhibit to the petition above.
This legal struggle isn’t unfamiliar to Gandhi, as his 2014 petition faced dismissal by the high court in 2015.