NEWS SCAN

The Supreme Court on Wednesday raised a question regarding the procedure being followed by the magistrate in the defamation case against Congress vice-president Rahul Gandhi, saying the police have no role to play in a complaint for criminal defamation.

“Magistrate can’t call for a report from police in a criminal defamation case,” a bench headed by justice Dipak Mishra observed, referring to the Bhiwandi magistrate’s order for police report and subsequent summons against Rahul in the defamation case for his alleged comments on Rashtriya Swayamsevak Sangh (RSS).

The apex court said the trial court itself should have examined the evidence and materials placed by the complainant before it. “Magistrate can’t ask for an inquiry while dealing with a criminal defamation complaint,” the court said. It also asked senior advocate Kapil Sibal, appearing for Rahul, and other lawyers to address this legal issue.The court deferred the hearing on Rahul’s appeal seeking quashing of the complaint against him to August 23. The complaint was filed by Rajesh Mahadev Kunte.

While addressing a public rally at Sonale in Bhiwandi on March 6, 2014, Rahul had alleged it was “RSS people” who had killed Mahatma Gandhi. “RSS people killed Gandhiji and today their people (BJP) talk of him. They opposed Sardar Patel and Gandhiji,” he had said.On July 19, the apex court asked Rahul to tender apology or face trial for his remarks. He then refused to apologise for his remarks and was ready to face trial in the case.

As carried in DNA on 28.07.16