Rahul Gandhi gets bail in defamation case filed by Savarkar’s grandnephew
arun
Posted On January 12, 2025
Pune: A special magisterial court on Friday granted bail to Leader of Opposition in Lok Sabha Rahul Gandhi in a criminal defamation case filed by Satyaki Savarkar, the grandnephew of Hindutva ideologue Vinayak Damodar Savarkar, over the Congress leader’s alleged objectionable remarks against the Hindutva ideologue in his March 2023 speech in London.
Gandhi appeared before the court through video conferencing mode around 5.45pm on Friday evening, after his plea for the same was allowed. His lawyer, Milind Pawar, then moved a bail application. The court sought a written response to the same from Satyaki’s lawyer, Sangram Kolhatkar, who later submitted the same stating that the court ought to impose a condition restraining Gandhi from criticising Veer Savarkar during the pendency of the defamation trial.
The court observed that it cannot set conditions in a case related to a bailable offence and went on to grant bail to the Congress leader against a personal release bond of Rs25,000 and a surety in the like amount. Pune Congress leader Mohan Joshi then stood surety for Gandhi.
The court posted the matter for the next hearing on Feb 18, when Gandhi’s statement is expected to be recorded.
Earlier, Pawar moved a plea citing four Supreme Court rulings in which, he submitted, the ratio laid down enabled an accused to appear before the court through video conferencing mode. He also cited a Dec 29, 2024, state govt resolution that allowed video conferencing mode to enable an accused to appear before the court. He submitted that securing Gandhi’s presence would burden the state exchequer as he was a high-security person. The lawyer submitted that the plea be allowed under Section 205 of the Code of Criminal Procedure.
Satyaki’s lawyer, Kolhatkar, submitted that the general practice followed by the courts did not allow an accused to appear through video conferencing in the first hearing of the matter.
Later, Kolhatkar told TOI, “We will examine the special court’s order vis-à-vis video conferencing permission and take a call on filing a criminal revision application before a Pune sessions court. We feel the SC rulings cited by Gandhi’s lawyer make no mention that an accused can appear via video conferencing. An accused cannot be produced via such mode, especially in bail proceedings, and Gandhi has a tendency to defame Veer Savarkar. He has been convicted by a Gujarat court for a similar offence and is out on bail in that matter, pending before the Supreme Court.”
Pune: A special magisterial court on Friday granted bail to Leader of Opposition in Lok Sabha Rahul Gandhi in a criminal defamation case filed by Satyaki Savarkar, the grandnephew of Hindutva ideologue Vinayak Damodar Savarkar, over the Congress leader’s alleged objectionable remarks against the Hindutva ideologue in his March 2023 speech in London.
Gandhi appeared before the court through video conferencing mode around 5.45pm on Friday evening, after his plea for the same was allowed. His lawyer, Milind Pawar, then moved a bail application. The court sought a written response to the same from Satyaki’s lawyer, Sangram Kolhatkar, who later submitted the same stating that the court ought to impose a condition restraining Gandhi from criticising Veer Savarkar during the pendency of the defamation trial.
The court observed that it cannot set conditions in a case related to a bailable offence and went on to grant bail to the Congress leader against a personal release bond of Rs25,000 and a surety in the like amount. Pune Congress leader Mohan Joshi then stood surety for Gandhi.
The court posted the matter for the next hearing on Feb 18, when Gandhi’s statement is expected to be recorded.
Earlier, Pawar moved a plea citing four Supreme Court rulings in which, he submitted, the ratio laid down enabled an accused to appear before the court through video conferencing mode. He also cited a Dec 29, 2024, state govt resolution that allowed video conferencing mode to enable an accused to appear before the court. He submitted that securing Gandhi’s presence would burden the state exchequer as he was a high-security person. The lawyer submitted that the plea be allowed under Section 205 of the Code of Criminal Procedure.
Satyaki’s lawyer, Kolhatkar, submitted that the general practice followed by the courts did not allow an accused to appear through video conferencing in the first hearing of the matter.
Later, Kolhatkar told TOI, “We will examine the special court’s order vis-à-vis video conferencing permission and take a call on filing a criminal revision application before a Pune sessions court. We feel the SC rulings cited by Gandhi’s lawyer make no mention that an accused can appear via video conferencing. An accused cannot be produced via such mode, especially in bail proceedings, and Gandhi has a tendency to defame Veer Savarkar. He has been convicted by a Gujarat court for a similar offence and is out on bail in that matter, pending before the Supreme Court.”
Courtesy : TOI
Note: This news is originally published on timesofindia.com and is used purely for non-profit/non-commercial purposes, especially for human rights.
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