Magistrate 'abdicated' judicial process while trying Rahul Gandhi in Defamation case: SC

July,27,2016:

Rahul Gandhi had earlier turned down the proposal of SC to regret to RSS.

A news which might sound Music to the ears of Congress party vice-president Rahul Gandhi is that the Supreme Court today observed that Magistrate at Bhiwandi has subverted the judicial process by directing the Police to investigate a criminal defamation complaint filed by an RSS.

Complaint was filed by RSS worker against the Cong MP for stating that RSS was responsible and instrumental for the assassination of Mahatma Gandhi.

A SC Bench of Justices Dipak Misra and Rohinton F. Nariman observed that the onus was on the RSS worker to prove that Mr. Gandhi's comments amounted to criminal defamation.

Rajesh Kunte, the complainant should have himself produced the evidence and other witnesses before the Magistrate to prove his case against.

Conducting the enquiry himself was legal duty of the Court.

By directing the State machinery to investigate a private complaint, Magistrate abdicated his duty.

Senior advocate Kapil Sibal appearing for Rahul Gandhi objected as to why the Maharashtra government is appearing in the Supreme Court in a private party's case.

This is a sudden turnaround at SC as earlier Court had asked Mr. Gandhi to express his regrets about his comments on the RSS.

Rahul Gandhi had turned down the proposal of SC to give a “decent burial” and rather chose to fight the defamation case.

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