Defamation case: Rahul alleges political malice; UP court sets March 9 hearing
Sultanpur (UP) (PTI): Leader of Opposition in the Lok Sabha Rahul Gandhi on Friday appeared before an MP-MLA court in Uttar Pradesh's Sultanpur and recorded his statement in a 2018 defamation case related to his remarks against Union Home Minister Amit Shah.
Gandhi told the court of Special Judge Shubham Verma that the allegations against him were made out of political malice and with an aim of destroying his image and that of his party, the Congress leader's advocate Kashi Prasad Shukla told PTI.
The court fixed March 9 as the next date of hearing on which the Lok Sabha MP from Raebareli has been asked to furnish evidence in his defence, the lawyer said.
Elaborating about the statement given by the Congress leader in the court, his lawyer said Gandhi denied all allegations levelled against him.
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"The allegations are baseless and unfounded. I have never used derogatory words against anyone, nor have I used such language with the intention of defaming anyone. A false complaint has been filed by distorting my statement," Shukla quoted Gandhi as saying.
"The allegations have been made against me out of political malice with the aim of destroying my image and that of my party. I have never used derogatory words against anyone, nor have I used such language with the intention of defaming anyone," Gandhi told the court
As the Congress leader emerged from the court after recording his statement, party supporters raised slogans hailing him. Gandhi smiled and waved at the crowd before leaving.
Gandhi entered the Sultanpur court around 10.40 am and left after recording statements around 11.15 am.
Ahead of the court hearing, some local Congress leaders had put up posters in Sultanpur that read 'Satyamev Jayate' (truth always triumphs).
The case dates back to 2018 when local BJP leader and former chairman of the District Cooperative Bank Vijay Mishra had filed a defamation complaint against Gandhi, alleging that during the Karnataka elections in 2018, the Congress leader made derogatory remarks against the then BJP president and current Union Home Minister Shah.
Santosh Kumar Pandey, the lawyer representing Mishra, said the cross-examination of the plaintiff and two witnesses has been completed.
The trial has been underway for the past five years. In December 2023, a warrant was issued against Gandhi for non-appearance before the court. He surrendered in February 2024, following which a special magistrate granted him bail on two sureties of Rs 25,000 each.
On July 26, 2024, Gandhi recorded his statement before the court, claiming innocence and terming the case a political conspiracy. Thereafter, the court directed the complainant to produce evidence in the case.
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High-rise near INS Shikra: HC raps Navy over ‘lapse’, 'intelligence failure'
Mumbai (PTI): The Bombay High Court on Friday pulled up the Navy for its “failure in intelligence” while questioning how a high-rise came up unnoticed in the vicinity of INS Shikra, the maritime force’s premier air station in south Mumbai.
A bench of Justices Ravindra Ghuge and Abhay Mantri said it was of the prima facie opinion that there has been an intelligence lapse on the part of the Navy as it failed to notice a skyscraper being constructed in the vicinity of its establishment.
The court was hearing a petition filed by the Commanding Officer of INS Shikra seeking to halt the project, citing significant security risks to the sensitive military installation.
The bench also questioned the Navy’s selective opposition to only this particular building when there are several other residential high-rises in the vicinity, with some at a “stone throw distance” from INS Shikra.
The petitioner’s advocate R V Govilkar said the other buildings were constructed before 2011, when the Ministry of Defence issued a notification, making a No Objection Certificate mandatory for the construction of tall structures near defence establishments.
The court, however, noted that the present high-rise received its commencement certificate in March 2011, and construction began since then.
“You (Navy) are trying to hide grave lapse on your part… lapse in intelligence and security… there has been a failure of intelligence. The Navy has been sitting in its office and noticed this building only after almost 70 metres (19 storeys) had already been constructed till the year 2024,” HC said.
There has been a prima facie lapse of intelligence, the court said, adding, “We are surprised as to how the Navy has failed to see such a high-rise building being constructed all these years? How has the building gone unnoticed? This can only be attributed to the failure of intelligence on the part of the naval officials.”
The bench said it cannot permit its earlier order, temporarily halting construction activity at the building site, to continue as it was passed due to security concerns ahead of Prime Minister Narendra Modi’s recent visit to the city.
The court said since construction up to 53.07 metres (15 storeys) was permitted in the area, the developer of the building shall develop above the permissible height at their own risk.
It added that if the court finally concludes that an NOC (no objection certificate) was mandatory, then it would direct the demolition of the building above the permissible 53 metres.
The court also warned action against Mumbai civic body officials if it is found that the corporation has been complacent or has committed a blunder by granting the commencement certificate without an NOC from the Navy.
It posted the matter for final hearing on March 30.
After perusing photographs of the area near INS Shikra submitted by the developer, the HC noted that there are several other high-rises between the structure under construction and the establishment.
“In fact, from the under-construction building, the naval base is out of sight. This is our prima facie view. We are intrigued that there are other buildings very close to the establishment and a threat perception hovers around them too, but the Navy has not done anything about them,” the court said.
Those buildings are literally a stone’s throw from INS Shikra, Justice Ghuge said.
Senior counsel Janak Dwarkadas, who represented the developer, argued that since the building received its commencement certificate in March 2011, months before the notification issued by the Ministry of Defence, it did not require the mandatory NOC from the defence.
