A defamation notice issued to the Indian National Congress, its President Mallikarjun Kharge, General Secretary Jairam Ramesh, and former President Rahul Gandhi. The notice, filed on behalf of Sachin Baghel, a respected RSS member, claims false and defamatory statements were made against the RSS, damaging both Baghel’s and the organization’s reputation. The legal action follows the publication of content on the Congress Party’s official website and YouTube channel.
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NEW DELHI: A defamation notice has been issued to the Indian National Congress (Congress Party), its President Shri Mallikarjun Kharge, General Secretary Shri Jairam Ramesh, and former party President Shri Rahul Gandhi.
The notice, served on behalf of Shri Sachin Baghel, a respected and active member of the Rashtriya Swayamsevak Sangh (RSS), alleges that false and defamatory statements were made against the RSS, directly affecting the reputation of Baghel and the organization he represents.
This legal action arises following the publication of specific content on the Congress Party’s official website and YouTube channel.
Background of the Notice
The notice asserts that the Congress Party’s website, specifically a section titled “Truth about RSS,” contains defamatory material targeting the RSS. The section hosts a video clip in which Rahul Gandhi reportedly made damaging remarks during a public speech, stating:
“RSS people shot Gandhi ji, and today their people talk about Gandhi ji. Sardar Patel ji was a leader of the Congress Party, and he wrote very clearly about RSS. He wrote very clearly about their organization, and today they say to the Congress Party leaders, ‘Brother, he was our leader.’ So, we provide the thought/ideology, the leaders are ours, and they oppose them.”
This statement is the basis for the defamation notice. It is claimed that such statements are factually inaccurate and misleading, designed to tarnish the RSS’s image for political gains.
Allegations in the Defamation Notice
The defamation notice outlines the following key points:
- Personal Reputation Harmed: The notice emphasizes that as a long-standing and active member of the RSS, any damage to the organization’s reputation also impacts the personal reputation of the claimant, Shri Sachin Baghel. The RSS, referred to as a “national and patriotic organization working continuously for the past 99 years for the welfare of the people, society, and the country,” is central to Baghel’s public image.
- Defamatory Content: The video shared by the Congress Party implies that the RSS was involved in Mahatma Gandhi’s assassination. The notice claims, “The mere viewing of the said message and/or the video creates an immediate impression in the mind of its readers, including the general public and people from foreign countries, that the father of the nation was killed by RSS.”
- False Assertions: The notice argues that the statement made by Shri Rahul Gandhi is not only “baseless” but also a “blatant lie.” It insists that the RSS has no connection to Gandhi’s assassination, as known to the public and the political leaders. Despite knowing this, the Congress Party, it claims, continues to make defamatory assertions for political gain.
- Public Deception and Defamation: The notice asserts that the publication of these claims on the Congress website is an attempt to mislead the public, create disorder, and incite hatred towards the RSS. It states, “Your conduct in making such false assertions and giving such wide publicity by publishing on your website, with the intention to reap political benefits, is nothing less than an offense of defamation.“
- Reputation Damage: The notice further points out that the defamatory content has caused widespread harm to the image of Shri Baghel and the RSS. It explicitly states, “The said publication containing false, malicious, and defamatory allegations maligns the reputation and character of my client and the Organisation he represents.”
Legal Implications and Demands
The notice warns the Congress Party and its office bearers of legal consequences if corrective measures are not taken. The primary demands include:
- Cease and Desist: The Congress Party is called upon to immediately stop making further defamatory statements against the RSS and Shri Baghel.
- Retraction and Apology: The notice demands that the defamatory content be removed from all platforms, including the Congress Party’s official website and YouTube channel. Furthermore, a public apology must be issued, acknowledging the falsehood of the statement and the harm caused.
- Written Assurance: A written assurance is sought that no further defamatory statements will be made in the future.
- Token Compensation: The notice seeks a token compensation of Rs 1, as a symbolic gesture of the damage caused by the defamatory post.
Failure to comply with these demands within seven days will result in legal proceedings, which may include an action for criminal defamation under Section 356 of the Bharatiya Nyaya Sanhita, 2023, and violations of the Information Technology Act, 2000.
The notice sternly concludes, stating that the Congress Party and its office bearers will be held responsible for all costs and consequences of such legal actions if they fail to address the matter appropriately.
Conclusion
The legal notice issued to the Congress Party highlights a significant defamation dispute, with potential political and legal ramifications. At the core of the dispute is the allegation that false statements made by senior Congress leaders, specifically Rahul Gandhi, have harmed the reputation of the RSS and its members. The notice seeks an immediate retraction, apology, and assurances to prevent further defamation.
The future course of action will depend on how the Congress Party responds to the legal notice, but the case underscores the sensitivity of public statements and the legal implications of defamatory remarks in political discourse.
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