Savarkar defamation case: Pune court allows plea by Rahul Gandhi to bring historical evidence on record

A special MP/MLA court in Pune on Monday allowed Congress leader Rahul Gandhi’s application to convert the nature of the trial in Vinayak Savarkar defamation case from a summary trial to a summons trial so as to enable him to bring historical evidence on record..While allowing Gandhi's plea, Judicial Magistrate Amol Shriram Shinde observed that Gandhi has claimed that his statements were based on historical facts.Hence, the trial would have to be held as a summons trial to allow detailed evidence and cross-examination of witnesses since the same will not be permissible in a summary trial, the Court said."In the present case accused is claiming and raised questions of facts as well as law which are complex in nature. The accused also raised certain issues which will be determined on historical facts. Therefore, in my view it is undesirable to try this case as a summary trial. Because in summary trial detail evidence and cross examination is not taken. In this case, the accused has to lead detail evidence and has to cross examine the witnesses of the complainant thoroughly," the order said.In this case, accused has to lead detail evidence and has to cross examine the witnesses of the complainant thoroughly, the judge stated..The defamation case was filed by Satyaki Savarkar, the grand-nephew of Hindutva icon Vinayak Damodar Savarkar.The case stemmed from a comment Gandhi made during a speech in London in March 2023. In his statement, Gandhi allegedly referred to Savarkar’s writings about an incident where he and others had assaulted a Muslim man, a situation Savarkar reportedly found “pleasurable.”Satyaki Savarkar then filed the defamation complaint, refuting Gandhi’s claim and asserting that no such incident is mentioned in Savarkar’s works.Savarkar sought the maximum penalty for Gandhi under Section 500 of the Indian Penal Code (IPC) for criminal defamation, along with the highest compensation under Section 357 of the Criminal Procedure Code (CrPC).Gandhi then approached the Court to convert the trial to a summons trial..Pune court grants bail to Rahul Gandhi in Savarkar defamation case.The judge allowed the plea and observed that the offence in the present case falls under Section 500 of the Indian Penal Code (IPC), which prescribes a punishment of up to two years of simple imprisonment along with a fine for criminal defamation. Therefore, the case prima facie falls in the category of a summons case in view of the classification based on section 2(x) and 2(w) of the CrPC, the judge held."Section 260(2) of the Code of Criminal Procedure, provides and facilitates the court that, even during the course of trial it appears that, it is undesirable to try summarily, then Magistrate can re-hear the case. Hence, it shall be incumbent in the interest of justice that, the matter should be tried as a summons case. No prejudice would be caused to any party, if the present case is tried as a summons case," the Court said while allowing Gandhi's application.Advocate Milind Pawar appeared for Gandhi.Advocate Sangram Kolhatkar appeared for Savarkar..[Read Order]