Thane court refuses to dismiss defamation case against Digvijaya Singh over remarks on MS Golwalkar, RSS

A civil court in Thane recently refused to dismiss a defamation suit filed against senior Congress leader Digvijay Singh over a social media post he shared last year about Rashtriya Swayamsevak Sangh (RSS) ideologue MS Golwalkar [Vivek Shashikant Champanerkar vs. Digvijay Singh]. .In an order passed in January, Civil Judge Rajesh B Khandare held that the defamation suit against Singh disclosed a valid cause of action and rejected his application seeking dismissal of the suit..The case arose from a post shared by Singh on X (formerly Twitter) on July 8, 2023. The post carried an image and statements attributed to Golwalkar, the second chief of the RSS, along with a caption asking readers whether they were aware of his views on Dalits, backward classes, Muslims, and issues related to land, water and forests.Some versions of the post circulating online suggested that Golwalkar preferred British rule over equal rights for marginalised communities and contained other remarks portrayed as hostile or discriminatory. The claims were criticised by RSS supporters as false, misleading and unsupported by authentic sources..Following the post, a Thane-based RSS member, Shashikant Champanerkar, filed a civil suit seeking damages, alleging that the post harmed the reputation and goodwill of the RSS.Consequently, Singh moved an application asking for the suit to be rejected outright. He argued that the case itself was not maintainable in law.He claimed that the person who filed the case had no legal right to do so, since the RSS is not a registered body or a “legal person” capable of suing or being sued. He also questioned how an individual member could seek damages on behalf of the organisation or on behalf of Golwalkar.Singh further argued that the suit did not disclose any valid cause of action, was undervalued, and that the court lacked jurisdiction to hear it. .Meanwhile, Champanerkar submitted that under criminal defamation law, an identifiable body can be defamed, and an offended member can take legal action. He argued that the post raised serious and triable issues which could only be decided after evidence was recorded, not at the stage of rejecting the plaint..After considering the rival arguments, the court concluded that the suit could not be thrown out at the threshold.It held that the plaint disclosed a cause of action, that the question of the RSS member’s right to sue was not barred by law at this stage, and that issues such as valuation of the suit or adequacy of court fees could not be grounds for outright rejection without giving an opportunity to correct them.In view of this, the court rejected Singh’s application, allowing the defamation suit to proceed to trial. .Advocate Aditya Mishra appears for RSS Swayamsevak Vivek Champanerkar.Advocate RP Singh and Kajal Soni appeared for Digvijay Singh.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.