The Bombay High Court on Friday allowed the plea of Leader of the Opposition and Congress leader Rahul Gandhi seeking to quash an order of the Bhiwandi magistrate court that allowed a Rashtriya Swayamsevak Sangh (RSS) functionary to “belatedly” produce certain documents.
A single judge bench of Justice Prithviraj K Chavan on June 26 concluded the hearing and reserved its order on Rahul Gandhi’s plea, which the court pronounced on Friday.
“The petition is allowed. Impugned order and consequent exhibition of document is quashed and set aside. The magistrate court is directed to proceed with the trial regarding the exhibit in accordance with the observations made in the order,” the court said.
Following the order, the document has been de-exhibited. The High Court has also directed the magistrate court to “expeditiously deal” with the trial.
Further, the court has also noted the delay of the trial against Gandhi which was dragged on for a decade.
The case was filed against Rahul Gandhi over a speech given by the leader on March 6, 2014. RSS functionary Rajesh Kunte approached the Bhiwandi court following the Congress leader’s remark.
While addressing an election rally in 2014, then Congress vice-president had purportedly alleged that the RSS was behind the assassination of Mahatma Gandhi. Kunte thus alleged that Rahul had tarnished the reputation of the RSS.
Attaching a copy of the speech in his 2014 plea, Kunte said that Rahul Gandhi had “unambiguously owned up to the speech”.
The Bhiwandi court had allowed as evidence the transcript of the alleged defamatory speech based on which the case was filed against Rahul Gandhi.
The Congress’s leaders’ lawyers, Sudeep Pasbola and Kushal Mor, then approached the High Court, saying Kunte should base the case on his own evidence and not depend on them to provide evidence.
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Rahul Gandhi later had to approach the Supreme Court with a special leave petition to challenge the HC order as the Bombay High Court dismissed the Congress’s leader plea seeking to quash the case in 2015. However, later the plea was withdrawn and he expressed his willingness to face trial and said he would not apologise.