A Pune court on Tuesday granted permanent exemption from appearance to Congress MP Rahul Gandhi in a defamation case filed over his alleged objectionable remarks on Hindutva ideologue V D Savarkar, citing his top-level security and the Leader of Opposition status. File photo
| Photo Credit: SHASHI SHEKHAR KASHYAP
A Pune court on Tuesday granted permanent exemption from appearance to Congress MP Rahul Gandhi in a defamation case filed over his alleged objectionable remarks on Hindutva ideologue V D Savarkar, citing his top-level security and the Leader of Opposition status.
An application seeking permanent exemption from appearing before the special court for MP/MLA was moved by Advocate Milind Pawar, who is representing Gandhi (54) in the defamation case, last month.
Pawar said on Tuesday they moved another application to convert the present “summary trial” into “summons trial” so that historical references and evidence can be discussed in the court.
“Summons trial” which entails detailed cross-examination is a lengthy legal proceeding as compared to “summary trial”.
The case, in which the Congress leader obtained bail last month, was filed by a relative of Savarkar.
Amol Shinde, Judicial Magistrate (First Class) presiding over the special court for MP/MLA, in his order, stated that the accused is the Leader of Opposition in the Lok Sabha and has to attend several meetings.
Considering that he is a “Z-plus” protectee and taking into account expenses incurred on his security arrangements (during Pune visit) and also law and order issue if he attends the hearing, the court grants permanent exemption to Rahul Gandhi from appearing in the case, said the order.
Last month, the court had given bail to Rahul Gandhi after he virtually appeared before it in the case filed on a complaint of a grandnephew of Savarkar.
The complaint stemmed from a speech the Congress leader gave in London in March 2023, where he made certain remarks on the freedom fighter citing a book written by him.
Satyaki Savarkar, grandnephew the Hindutva ideologue, had filed a complaint in a Pune court against the Congress MP. In the complaint, he had claimed Gandhi, in his speech in London, stated that VD Savarkar had written in a book that he and five to six of his friends once beat up a Muslim man and he (Savarkar) felt happy.
As per the complaint, V D Savarkar has not written this anywhere in the book and Rahul Gandhi’s remarks were defamatory.
“Considering the facts (cited by Rahul Gandhi’s lawyer) this court finds that the accused is the Leader of Opposition in the Lok Sabha. He has to attend many programmes…. he is protected by Z+ security. The expenses of security are considerable. Due to law and order issue, this court finds that the accused should be granted permanent exemption from appearing in this case,” the Judge said.
The next court hearing in the matter will take place on February 25.
The defence, in the plea seeking exemption for the Congress MP, also stated that the complainant (Satyaki Savarkar) claims to be a descendant of V D Savarkar, who was named as a co-conspirator in the assassination of Mahatma Gandhi. Though the Hindutva ideologue was later acquitted by court, his co-accused and Mahatma Gandhi’s assassin Nathuram Godse, who was handed the death sentence, belonged to Pune, argued the defence.
The defence plea stated that the Pune district court building was a historic monument and some years back there was a “threat to bomb” the structure.
“It is also a fact that in the past, a murder had taken place in the Pune district court premises. Recently, security at the Pune district court was questioned. Past investigations revealed militants had visited the court premises for committing murder of an accused who was in judicial custody and advocates and judges had raised serious concerns about security then,” the plea stated.
Sangram Kolhatkar, a lawyer representing Satyaki Savarkar, said though the court has allowed the plea for permanent exemption, they objected to defamatory references about Pune and its wrong projection by the defence team.
“We have strong objections to the reasons cited for seeking exemption such as Pune is insecure and dangerous, the Pune court building is insecure,” he said.
Published – February 19, 2025 05:59 am IST
