Rahul Gandhi’s not guilty plea recorded in criminal defamation case over Savarkar speech made in London.
Case in News
Rahul Gandhi pleads not guilty in Savarkar case, to face trial over alleged defamation remarks .
Case Overview
Case Name– Satyaki Savarkar vs. Rahul Gandhi
In the case of Satyaki Savarkar vs. Rahul Gandhi, Special Judge Amol Shinde recorded the plea of Congress leader Rahul Gandhi, who pleaded not guilty in a criminal defamation complaint . Since Gandhi was unable to appear in person, his counsel Advocate Milind Pawar moved an application to record his plea through his lawyer, which the court accepted . The case pertains to a speech made by Gandhi in London on March 5, 2023, where he allegedly made defamatory statements against freedom fighter Vinayak Damodar Savarkar . The complaint was filed by Satyaki Savarkar, citing reputational harm .
Key Aspects
The complaint accuses Gandhi of intentionally making false and damaging statements against Savarkar . The remarks, though made overseas, were allegedly circulated widely in India, harming the complainant and his family . Key facts and issues are as follows :
- Rahul Gandhi allegedly made false and defamatory claims about Savarkar in a London speech .
- The complainant, Satyaki Savarkar, submitted media reports and video footage as evidence .
- Gandhi allegedly attributed a violent incident to Savarkar which the latter never documented .
- The complaint claims the speech caused mental agony and damaged Savarkar’s reputation in India .
- The impact was felt in Pune, establishing territorial jurisdiction despite the speech being made abroad .
Legal Insights
The case invokes key provisions of the Indian Penal Code and Criminal Procedure Code . These include punishment for defamation and compensation for injury . Relevant legal provisions are:
- Section 500 of the Indian Penal Code, 1860 : Provides punishment for defamation — imprisonment up to two years, or fine, or both .
- Section 357(1) of the Code of Criminal Procedure, 1973 : Allows the court to order compensation to the victim for any loss or injury caused by the offence .
- Section 202 of CrPC : Empowers the Magistrate to conduct inquiry if the accused resides outside jurisdiction (Gandhi was abroad) .
- Section 179 of CrPC : Establishes territorial jurisdiction if the consequence of an offence is felt in a different place than where it was committed .
Court’s Verdict
Special Judge Amol Shinde recorded Rahul Gandhi’s plea of ‘not guilty’ under Section 500 IPC . The court accepted the request to proceed via counsel and directed that the matter move to trial .
Source- District Court,Raigad-Alibag
Read also – Code of Criminal Procedure, 1973
