The judge explained that since the case involves both factual and legal questions, and Gandhi wants to show historical facts, a more detailed form of trial is needed. Therefore, a summons trial is appropriate.
PUNE: A special MP/MLA court in Pune has accepted Congress leader Rahul Gandhi’s request to change the type of trial in the Vinayak Damodar Savarkar defamation case.
The Court allowed Gandhi’s application to convert the trial from a summary trial to a summons trial.
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This decision will now allow Gandhi to present detailed historical evidence and cross-examine witnesses, which is not possible in a summary trial.
While accepting Gandhi’s plea, Judicial Magistrate Amol Shriram Shinde noted that Gandhi claimed his statements were based on historical facts.
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 judge explained that since the case involves both factual and legal questions, and Gandhi wants to show historical facts, a more detailed form of trial is needed. Therefore, a summons trial is appropriate.
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The judge further added:
“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.”
Background
The defamation case was filed by Satyaki Savarkar, the grand-nephew of Vinayak Damodar Savarkar, a well-known Hindutva ideologue. The case is based on a comment made by Rahul Gandhi in London in March 2023, where he reportedly referred to something written by Savarkar.
In that speech, Gandhi allegedly said that Savarkar described an incident where he and others had beaten up a Muslim man and found the act “pleasurable.” Satyaki Savarkar denied the claim and said that no such incident is found in Savarkar’s writings.
He filed a criminal defamation complaint under Section 500 of the Indian Penal Code (IPC) and demanded the maximum punishment along with the highest compensation under Section 357 of the Criminal Procedure Code (CrPC).
Rahul Gandhi, in response, requested the Court to treat the case as a summons trial instead of a summary trial, so that he could submit historical evidence and cross-question the complainant’s witnesses.
The judge noted that the offence, as per the law, is punishable with up to two years of simple imprisonment or a fine under Section 500 IPC. Therefore, according to Section 2(x) and 2(w) of the CrPC, the case qualifies as a summons case.
Advocate Milind Pawar appeared for Rahul Gandhi.
Advocate Sangram Kolhatkar represented Satyaki Savarkar.
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