A Bhiwandi court has slapped a fine of Rs 1,000 on an activist of the Rashtriya Swayamsevak Sangh (RSS) for seeking an adjournment in proceedings against Congress MP Rahul Gandhi in a defamation case filed in 2014. The case was filed against him by RSS activist Rajesh Kunte after Gandhi stated in one of his speeches that “RSS was responsible for Mahatma Gandhi’s death”.
Kunte, who filed the complaint against Gandhi, had sought adjournment of the hearing stating that his appeal against a Judicial Magistrate’s refusal to summon a notary lawyer to examine him as a witness first was pending in the High Court, Bar&Bench reported.
As per prescribed norms followed in defamation suits, it is the complainant who is required to depose as the first witness for the prosecution. Moreover, Kunte filed another application seeking a summons to the police officer who probed Kunte’s defamation complaint under Section 202 of the CrPC. The appeal was opposed by Gandhi’s lawyer and subsequently rejected by the Magistrate on grounds that it was essential for Kunte to prove his own deposition first before proceeding to the other witnesses.
“Having considered the nature of allegations and facts of the case, calling of the proposed witness (policeman) at this stage of the proceeding without evidence of the complainant will result into unnecessary delay to the proceedings. The complainant given no season in the present application as to why the complainant does not want to examine himself first and directly wants to examine the person who conducted inquiry under section 202 of CrPC,” the court said in its order.
The Court then ordered Kunte to depose with his evidence on the next date of hearing and imposed a cost of Rs 1,000 to be paid to Gandhi. The matter will be heard next on May 10.
