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The Supreme Court on Tuesday observed that Rahul Gandhi, who blamed RSS for the assassination of Mahatma Gandhi, should not have resorted to “collective denunciation” of an organisation and will have to face trial in the defamation case against him if he does not apologise for his comments.
A suggestion that the Gandhi scion had refused last year when his lawyer, Mr Sibal, told the court that he would prefer to fight the case.
We have held it may be historically correct but the fact or the statement has to meet the test of public good. You can’t make collective denunciation.Justices Dipak Misra and RF Nariman, Supreme Court Bench
The bench questioned the speech made by Rahul Gandhi and on the defence’s questions on freedom of speech. The court said:
Freedom is not crippled or curbed. What is curbed is freedom of speech. What the writers, politicians, critics or antagonists say, you must have great magnitude to swallow.
Rejecting Rahul Gandhi’s demand to quash the lawsuit, the apex court observed that it had reached the decision after due deliberation and that Rahul Gandhi will have to face a court trial in the case.
What we have to see is (whether) the petitioner’s allegations come under Section 499 (defamation) of IPC or not. Judgement is already there. You have to face trial, if you don’t express regret.
The bench in its observation said that after perusing the judgment of the Punjab and Haryana High Courts, it only found them to say that Nathuram Godse was an RSS worker and added that saying “Godse killed Gandhi” and “RSS killed Gandhi” are two different things.
In 2014, Rahul Gandhi on the campaign trail had accused the RSS of being behind the killing of Mahatma Gandhi, and had been subsequently sued by the RSS for his “defamatory comments.”
RSS accused the Congress of “consistently trying to spread lies” about it and assailed its vice president Rahul Gandhi for “avoiding trial” in a defamation case against him in Maharashtra’s Bhiwandi for linking the outfit with Mahatma Gandhi’s assassination.
“Mr Gandhi is a mature politician with intimate knowledge of historical facts. Congress Party and Mr Gandhi will defend these remarks at appropriate forum,” Congress’ chief spokesman Randeep Surjewala said.
(With PTI inputs)
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