Congress leader Rahul Gandhi has approached a special MP/MLA court in Pune with a plea to convert the ‘summary trial’ pending against him in the Savarkar defamation case before it into a ‘summons trial.’.The defamation charges stem from statements Gandhi made about the late right-wing leader Vinayak Savarkar during a speech in London in March 2023.Special Judge Amol Shinde has now directed the complainant to file a response to the application, while also granting Gandhi a permanent exemption from appearing in court during the trial. .In his application, Gandhi has argued that his statements were based on historical facts and required detailed evidence, making a ‘summons trial’ more appropriate.Gandhi had reportedly referred to Savarkar’s writings about an incident where Savarkar, along with others, allegedly assaulted a Muslim man - a situation Savarkar supposedly found “pleasurable.” The application states, "it is submitted that the complainant is required to establish the contents of a speech stated to have made by him, at the gathering of Diaspora at London on 05/03/2023. The contents of the speech are also stated to be content in an electronic document viz. C.D. or Pen drive not brought on record. The first of trial would required proof at the trial however the main issue involved in this case will be determined certain historical facts on which the parties are at variance. Therefore the major part of evidence would comprise material of historical nature entailing an academic enquiry.".The plea further emphasises that the case raises complex questions of both fact and law, requiring detailed cross-examination. "The present case raises complex questions of fact as well as law hence it requires searching and detailed cross-examination which may not be permissible if this case tried as summarily. The trial is likely to take long time and it shall be incumbent in the interest of justice that this case is tried as summons case. The conversion of this case into a summons case besides beings in the interest of justice does not cause prejudiced to either of the parties"It further contends, “Therefore the major part of evidence would comprise material of historical nature entailing an academic enquiry.".Satyaki A Savarkar, a relative of Vinayak Savarkar, had filed the defamation complaint in 2023, refuting Gandhi’s claim and asserting that no such incident involving Savarkar is mentioned in his works.Savarkar seeks the maximum penalty for Gandhi under Section 500 of the Indian Penal Code (IPC) for criminal defamation, along with the highest compensation under Section 357 of the Criminal Procedure Code (CrPC).The court will hear the defamation case next on February 25.
Congress leader Rahul Gandhi has approached a special MP/MLA court in Pune with a plea to convert the ‘summary trial’ pending against him in the Savarkar defamation case before it into a ‘summons trial.’.The defamation charges stem from statements Gandhi made about the late right-wing leader Vinayak Savarkar during a speech in London in March 2023.Special Judge Amol Shinde has now directed the complainant to file a response to the application, while also granting Gandhi a permanent exemption from appearing in court during the trial. .In his application, Gandhi has argued that his statements were based on historical facts and required detailed evidence, making a ‘summons trial’ more appropriate.Gandhi had reportedly referred to Savarkar’s writings about an incident where Savarkar, along with others, allegedly assaulted a Muslim man - a situation Savarkar supposedly found “pleasurable.” The application states, "it is submitted that the complainant is required to establish the contents of a speech stated to have made by him, at the gathering of Diaspora at London on 05/03/2023. The contents of the speech are also stated to be content in an electronic document viz. C.D. or Pen drive not brought on record. The first of trial would required proof at the trial however the main issue involved in this case will be determined certain historical facts on which the parties are at variance. Therefore the major part of evidence would comprise material of historical nature entailing an academic enquiry.".The plea further emphasises that the case raises complex questions of both fact and law, requiring detailed cross-examination. "The present case raises complex questions of fact as well as law hence it requires searching and detailed cross-examination which may not be permissible if this case tried as summarily. The trial is likely to take long time and it shall be incumbent in the interest of justice that this case is tried as summons case. The conversion of this case into a summons case besides beings in the interest of justice does not cause prejudiced to either of the parties"It further contends, “Therefore the major part of evidence would comprise material of historical nature entailing an academic enquiry.".Satyaki A Savarkar, a relative of Vinayak Savarkar, had filed the defamation complaint in 2023, refuting Gandhi’s claim and asserting that no such incident involving Savarkar is mentioned in his works.Savarkar seeks the maximum penalty for Gandhi under Section 500 of the Indian Penal Code (IPC) for criminal defamation, along with the highest compensation under Section 357 of the Criminal Procedure Code (CrPC).The court will hear the defamation case next on February 25.
