The Supreme Court Tuesday observed that Rahul Gandhi, who blamed RSS for assassination of Mahatma Gandhi, should not have resorted to ‘collective denunciation’ of an organisation.
The apex court said Rahul Gandhi will have to face trial in the defamation case if he does not express regret.
The bench comprising Justices Dipak Misra and R F Nariman said, the court has held it may be historically correct but the fact or the statement has to meet the test of public good. You can’t make collective denunciation.
The bench questioned the speech made by Rahul Gandhi. The apex court said that they have applied their mind and Rahul Gandhi will have to face the trial in the case.
Supreme Court said if Rahul doesn’t regret then he would have to face court case.
Senior advocate Harin Raval, appearing for Rahul, said whatever was said in the speech was on the basis of government records and on the basis of decision of Punjab and Haryana High Court and he was not referring to RSS directly.
The bench after perusing the judgement of Punjab and Haryana High Court, said it only says that Nathuram Godse was an RSS worker and added that Godse killed Gandhi and RSS killed Gandhi are two different things.
The Court posted the matter for July 27 saying said that no further adjournment will be granted in the case.
Rahul had earlier moved the Supreme Court in May last year for quashing the criminal defamation case lodged against him for his comments.
The case is pending before a magisterial court in Bhiwandi in Maharashtra’s Thane district.
