Bombay High Court refuses to quash defamation complaint against Rahul Gandhi

The Bombay high court on Tuesday refused to quash a complaint, registered in Bhiwandi, filed against Congress vice-president and MP Rahul Gandhi by a Rashtriya Swayamsevak Sangh (RSS) member. Gandhi is alleged to have made a hate speech against the RSS during a rally in the run-up the 2014 Lok Sabha elections.

Justice M L Tahaliyani while dismissing the petition vacated the interim stay granted to Gandhi from not appearing before the magistrate court. The court in its 16-page order refused to comment on any of the pleadings made by Gandhi and directed that he will have to prove them before the trial court.

It said, "If the petitioner is covered by any of the exceptions it is for him to prove the same before the trial court. This is not an exceptional case where this court shall exercise powers for quashing the proceedings against the petitioner. The High Court, in normal course, will not disturb the order of issuance of process if the averments made in the complaint and the enquiry made by the Magistrate or the police prima facie makes out a case for issuance of process."

Gandhi had approached the court seeking to quash the complaint filed by one Rajesh Kunte. In his complaint to the magistrate court, Kunte had said Rahul's remarks on RSS were defamatory. The Congress leader had, during a rally held on October 6, last year, and allegedly blamed the outfit for Mahatma Gandhi's assassination.