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Synopsis

Congress leader and Member of Parliament, Rahul Gandhi, has moved the Bombay High Court to seek the quashing of the criminal defamation proceedings that were initiated against him for his statements connecting the Rashtriya Swayamsevak Sangh (RSS) to the murder of journalist Gauri Lankesh.

Gandhi has challenged the order of the Borivali Magistrate Court, which refused to dismiss the defamation complaint filed against him.

The criminal complaint was filed by Advocate Dhrutiman Joshi against Rahul Gandhi, Sonia Gandhi and CPI Secretary Sitaram Yechuri.  

Joshi alleged that Rahul Gandhi made statements against the RSS, linking the organization in the murder of journalist Gauri Lankesh while speaking to the media outside the Parliament.

Joshi claimed that he saw on national media that Gandhi stated “Anybody who speaks against the ideology of the BJP, against the ideology of the RSS is pressured, beaten, attacked and even killed."

In February 2019, a magistrate court in Borivali issued summons to both Rahul Gandhi and Sitaram Yechury. Subsequently, they appeared before the court in July 2019.

Gandhi sought for dismissal of the complaint on the grounds that the statements made by him and Yechury were made at separate places, and thus a joint trial should not be conducted.

The Magistrate Court declined to dismiss the complaint against Gandhi and Yechury, leading Gandhi to approach the Bombay High Court to challenge the order of the magistrate court. However, the magistrate court had dismissed the complaint against Sonia Gandhi.

In his plea before the high court, Gandhi argued that the magistrate had violated the mandatory provision related to the joinder of charges, which would vitiate the trial

“That the Ld. Magistrate failed to appreciate that disregarding the provisions forbidding joinder of charges will amount to a breach of the mandatory requirements of law and will vitiate the whole trial,” the plea reads.

The petition emphasizes that the remarks were made at distinct places and at different times by two separate and distinct individuals belonging to different political parties with contrasting ideologies.

In his plea, Gandhi sought to quash the magistrate's order and quashing of the process issued against him.

Gandhi has also sought an interim stay on the proceedings that have been initiated against him.

Case title: Rahul Gandhi vs State of Maharashtra