After bail, Rahul Gandhi gets permanent exemption from court appearance in defamation case
Pune, Feb 18 (PTI): A Pune court on Tuesday granted permanent exemption from appearance to Congress MP Rahul Gandhi in a defamation case filed over his alleged objectionable remarks on Hindutva ideologue V D Savarkar, citing his top-level security and the Leader of Opposition status.
An application seeking permanent exemption from appearing before the special court for MP/MLA was moved by Advocate Milind Pawar, who is representing Gandhi (54) in the defamation case, last month.
Pawar said on Tuesday they moved another application to convert the present "summary trial" into "summons trial" so that historical references and evidence can be discussed in the court.
"Summons trial" which entails detailed cross-examination is a lengthy legal proceeding as compared to "summary trial".
The case, in which the Congress leader obtained bail last month, was filed by a relative of Savarkar.
Amol Shinde, Judicial Magistrate (First Class) presiding over the special court for MP/MLA, in his order, stated that the accused is the Leader of Opposition in the Lok Sabha and has to attend several meetings.
Considering that he is a "Z-plus" protectee and taking into account expenses incurred on his security arrangements (during Pune visit) and also law and order issue if he attends the hearing, the court grants permanent exemption to Rahul Gandhi from appearing in the case, said the order.
Last month, the court had given bail to Rahul Gandhi after he virtually appeared before it in the case filed on a complaint of a grandnephew of Savarkar.
The complaint stemmed from a speech the Congress leader gave in London in March 2023, where he made certain remarks on the freedom fighter citing a book written by him.
Satyaki Savarkar, grandnephew the Hindutva ideologue, had filed a complaint in a Pune court against the Congress MP. In the complaint, he had claimed Gandhi, in his speech in London, stated that VD Savarkar had written in a book that he and five to six of his friends once beat up a Muslim man and he (Savarkar) felt happy.
As per the complaint, V D Savarkar has not written this anywhere in the book and Rahul Gandhi's remarks were defamatory.
"Considering the facts (cited by Rahul Gandhi's lawyer) this court finds that the accused is the Leader of Opposition in the Lok Sabha. He has to attend many programmes.... he is protected by Z+ security. The expenses of security are considerable. Due to law and order issue, this court finds that the accused should be granted permanent exemption from appearing in this case," the Judge said.
The next court hearing in the matter will take place on February 25.
The defence, in the plea seeking exemption for the Congress MP, also stated that the complainant (Satyaki Savarkar) claims to be a descendant of V D Savarkar, who was named as a co-conspirator in the assassination of Mahatma Gandhi. Though the Hindutva ideologue was later acquitted by court, his co-accused and Mahatma Gandhi's assassin Nathuram Godse, who was handed the death sentence, belonged to Pune, argued the defence.
The defence plea stated that the Pune district court building was a historic monument and some years back there was a "threat to bomb" the structure.
"It is also a fact that in the past, a murder had taken place in the Pune district court premises. Recently, security at the Pune district court was questioned. Past investigations revealed militants had visited the court premises for committing murder of an accused who was in judicial custody and advocates and judges had raised serious concerns about security then," the plea stated.
Sangram Kolhatkar, a lawyer representing Satyaki Savarkar, said though the court has allowed the plea for permanent exemption, they objected to defamatory references about Pune and its wrong projection by the defence team.
"We have strong objections to the reasons cited for seeking exemption such as Pune is insecure and dangerous, the Pune court building is insecure," he said.
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Will vacate one of two assembly seats won in 10 days: BJP''s Suvendu
Kolkata (PTI): BJP leader Suvendu Adhikari, who defeated West Bengal Chief Minister Mamata Banerjee in Bhabanipur and secured Nandigram for three times in a row in the recent assembly polls, said on Wednesday that he would vacate one of the two constituencies within 10 days.
Adhikari also asserted that the party's central leadership would decide which constituency he would retain.
"I will vacate one seat within 10 days. The party will decide which one I retain. I will not forget my responsibility towards the people of Bhabanipur and Nandigram," he said.
Adhikari on Monday defeated Banerjee in Bhabanipur by over 15,000 votes, puncturing what was long seen as her safest political refuge and delivering a decisive psychological blow to the TMC, amid a sweeping BJP surge across West Bengal.
Addressing party workers and supporters in Nandigram in Purba Medinipur district, the BJP leader appealed to them not to take out victory processions immediately and instead maintain peace.
"Do not take out victory rallies now. Maintain peace and discipline. Celebrate after May 9, after taking permission," he told party workers.
State BJP president Samik Bhattacharya on Wednesday announced that the oath-taking ceremony of the new government will be held on May 9 at Brigade Parade Ground.
Referring to alleged attacks on BJP workers during the TMC regime, Adhikari said he would not forget the “atrocities" faced by them and assured them of taking appropriate action against perpetrators through legal processes.
"I was part of the 2011 ‘poribartan’ (change), and now I am part of the real change. I offer my gratitude to the people of Nandigram," Adhikari said.
He was referring to the TMC's victory in 2011 when the Mamata Banerjee party dismantled the 34-year Left Front regime in the state.
Adhikari offered prayers at a Hanuman statue in Nandigram and remembered the BJP workers, who had died in political violence.
"We will work in such a way that the BJP government in Bengal stays for 100 years," he said, expressing hope that the BJP’s vote share in the state would rise from the current 46 per cent to 60 per cent in future elections.
The BJP leader also assured residents of Nandigram of improved drinking water supply and better hospital and education infrastructure.
