In a significant legal development, the Pune court on Monday ruled in favor of Congress leader Rahul Gandhi, allowing the conversion of his defamation case from a summary to a summons trial. The case revolves around Gandhi’s alleged remarks about V D Savarkar which were made during a speech in London in March 2023.
The judicial magistrate (First Class) Amol Shinde of the Special Court for MPs/MLAs, responded to the application filed by Gandhi’s lawyer, Milind Pawar, stating that the complexity of the factual and legal questions raised warranted a more detailed examination. “The accused is claiming and raising questions of facts as well as law which are complex in nature. Therefore, in my view, it is undesirable to try this case as a summary,” Magistrate Shinde remarked.
In summary trials, detailed evidence presentation and cross-examination are generally limited, which would not serve justice in a case where historical facts are crucial. The court emphasized that transitioning to a summons trial would allow thorough examination and cross-examination of witnesses, which is essential given the nature of the allegations.
The defamation allegation stems from a complaint by Satyaki Savarkar, grandnephew of Savarkar, who contested Gandhi’s claims that the Hindutva ideologue boasted in a book about assaulting a Muslim man along with friends, an incident that purportedly never occurred nor was documented by Savarkar. The complaint described Gandhi’s statement as fictitious, false, and malicious.
Advocate Sangram Kolhatkar, representing Satyaki Savarkar, expressed concerns in court that the plea for a summons trial was a tactic to delay the proceedings. Nonetheless, he asserted that sufficient evidence had been presented to substantiate the claim of defamation.
