The Lucknow Bench of the Allahabad High Court has refused to grant any relief to Congress leader Rahul Gandhi in a case concerning alleged derogatory remarks made against freedom fighter Vinayak Damodar Savarkar. The defamation case stems from Gandhi's comments on Savarkar made on November 17, 2022 during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.
The court on Friday ruled that Gandhi can file a revision petition before the sessions court, making the high court's intervention unnecessary at this stage.
Justice Subhash Vidyarthi of the single bench issued the order.
Gandhi, the Leader of Opposition in the Lok Sabha, had challenged a lower court's decision to summon him in the case, also contesting the ongoing proceedings against him.
Gandhi's lawyer, Pranshu Agarwal, argued that the allegations in the complaint did not constitute offences under Sections 153A (promoting enmity between different groups) and 505 (statements conducing to public mischief) of the Indian Penal Code (IPC). He also contended that the lower court had disregarded Section 196 of the Code of Criminal Procedure (CrPC), which pertains to prosecution for offences against the State.
However, Justice Vidyarthi, without commenting on the merits of the case, stated that Gandhi has the option to file a revision petition before the sessions court. The high court declined to provide immediate relief to Gandhi.
Advocate Nripendra Pandey filed a complaint, accusing Gandhi of intentionally insulting Savarkar during the rally.
The complainant alleged Gandhi's remarks were part of a well-planned conspiracy to defame Savarkar. He noted that the comments were broadcast widely across the media.
The case is being heard in the court of Additional Chief Judicial Magistrate here. The next hearing on the matter is scheduled on April 14.
The court on Friday ruled that Gandhi can file a revision petition before the sessions court, making the high court's intervention unnecessary at this stage.
Justice Subhash Vidyarthi of the single bench issued the order.
Gandhi, the Leader of Opposition in the Lok Sabha, had challenged a lower court's decision to summon him in the case, also contesting the ongoing proceedings against him.
Gandhi's lawyer, Pranshu Agarwal, argued that the allegations in the complaint did not constitute offences under Sections 153A (promoting enmity between different groups) and 505 (statements conducing to public mischief) of the Indian Penal Code (IPC). He also contended that the lower court had disregarded Section 196 of the Code of Criminal Procedure (CrPC), which pertains to prosecution for offences against the State.
However, Justice Vidyarthi, without commenting on the merits of the case, stated that Gandhi has the option to file a revision petition before the sessions court. The high court declined to provide immediate relief to Gandhi.
Advocate Nripendra Pandey filed a complaint, accusing Gandhi of intentionally insulting Savarkar during the rally.
The complainant alleged Gandhi's remarks were part of a well-planned conspiracy to defame Savarkar. He noted that the comments were broadcast widely across the media.
The case is being heard in the court of Additional Chief Judicial Magistrate here. The next hearing on the matter is scheduled on April 14.
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