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Authored by - Tanmay Vijay (Intern at Legal Soch Foundation)
This news talks about the defamatory statement given by Congress MP Rahul Gandhi, which faced a lot of backlash and ended up reaching the court and being issued notice by the Lucknow session court against him.
Keywords - Notice issued, Criminal revision plea, Congress MP, Disparaging remarks
A notice has been issued to Congress MP Rahul Gandhi over a disparaging remark stated by him against Vinayak Damodar Savarkar during his 'Bharat Jodo Yatra' held last year in Maharashtra. The notice has been issued by one of the Sessions Courts in the capital city of Uttar Pradesh, Lucknow.
Moving forward with the matter, the notice was given by Lucknow District and Sessions Judge Ashwini Kumar Tripathi in response to a criminal revision plea filed by Advocate Nripendra Pandey contesting an order passed by Additional Chief Judicial Magistrate Ambrish Kumar Srivastava (in June this year) dismissing his complaint against Gandhi as per Section 203 CrPC.
Taking notice of the matter, the revision was legally responsible to be acknowledged as it constituted a substantive question of law and facts, acting upon which the court has taken the step of transferring the case to the Additional Sessions Judge/MP-MLA court. The court, after going into the roots of the case, decided to hold the next hearing on the matter on November 1, 2020.
It is also worth noting that an application was filed before the ACJM court seeking registration of an FIR against Gandhi for his remarks on Savarkar earlier this year by the complainant, Advocate Nripendra Pandey.
Nevertheless, the plaintiff and his witnesses had been questioned by the court, which deemed it appropriate to register the complaint. The petition was subsequently denied on June 14, 2023. Pandey filed a revision petition with the Sessions Court to contest the same.
In the plea brought into the court by the complainant Pandey, he professed that Rahul Gandhi, with the intent of proliferating abomination in society, has said off things against the nationalist Vinayak Damodar Savarkar like he was the servant of the British, upon which he further added that he also took pension from the British.
The complainant also asserted that Savarkar, being so respected and called off as a patriot by the Father of the Nation, Mahatma Gandhi, has been tried to defame by Rahul Gandhi by his defamatory statements, which were trying to create unnecessary propaganda and false narratives by means of social disharmony, to which the complainant suffered a lot of mental and physical trauma.
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