BackRahul Gandhi has company in facing criminal defamation trial threat
Over the last two years, scores of petitioners facing criminal defamation moved the SC seeking stay of the trial as the constitutional validity of the colonial era law was under scrutiny
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New Delhi: If Congress vice-president Rahul Gandhi is indeed tried for criminal defamation, he won’t be the first politician to be in that situation.
The Supreme Court on 19 July said Rahul Gandhi may have to face trial for criminal defamation over his remarks over the Rashtriya Swayamsevak Sangh (RSS). The court’s observations that Rahul Gandhi may have to face trial in the case follows the court’s May ruling which upheld the constitutionality of criminal defamation laws in India.
“What we have to see is whether the petitioner’s allegations come under Section 499 (defamation) of IPC or not. Judgement is already there," justice Dipak Misra observed.
Over the last two years, scores of petitioners facing criminal defamation moved the apex court seeking stay of the trial as the constitutional validity of the colonial era law was under scrutiny.
Delhi chief minister Arvind Kejriwal, Bharatiya Janata Party (BJP) member Subramanian Swamy, journalist Rajdeep Sardesai and others had challenged the constitutional validity of criminal defamation law.
A bench comprising justices Misra and Prafulla C. Pant, however, upheld the law which would check unfettered right to damage a reputation.
Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence. Defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain.
The offence is punishable with up to two years imprisonment, a fine or both.
The court then went on to clarify that stay on criminal defamation cases will stand lifted and trial would ensue.
Here’s a look at those who have been put on the defensive.
Rahul Gandhi
Why? For alleged defamatory comments made during an election rally in 2014. Gandhi is said to have referred to the assassin of Mahatma Gandhi, Nathuram Godse and said that RSS, the organization he belonged to, was responsible for his assassination. Rajesh Kunte, secretary of Bhiwandi unit of RSS filed a case against Rahul Gandhi.
Where? The case is pending before a magisterial court in Bhiwandi in Maharashtra’s Thane district.
Gandhi had earlier refused to accept the apex court’s suggestion to express regret over his statement to close the defamation case against him, saying he will contest it.
Subramanian Swamy
Why? For his allegedly inflammatory tweets against Tamil Nadu chief minister J. Jayalalithaa.
Where? Around six cases filed by her in Tamil Nadu. The trial has resumed and Swamy, who argues his cases himself, will appear before a court on 27 July.
Swamy and Jaya have long had an acrimonious relationship. He filed a case of disproportionate assets against Jayalalithaa in 1996, which is awaiting a final Supreme Court verdict.
The Jayalalitha government, over the years, has filed at least 1600 cases of criminal defamation.
Arvind Kejriwal
Why? For claims of corruption and impropriety he made against politicians. At least four cases are pending against Kejriwal.
Where? Two each in Delhi and Punjab. Finance minister Arun Jaitley has filed civil and criminal defamation cases against Kejriwal and his associates in Delhi. Kejriwal had accused Jaitley of impropriety in his dealings with the Delhi Cricket Board.
A Delhi court had issued summons against Kejriwal to appear in the case but he appealed to the high court and got a stay against it.
Punjab revenue minister Bikram Singh Mathija slapped two criminal defamation charges in January 2015 against Kejriwal in Ludhiana and Amritsar for separate comments accusing him of patronising the drug mafia in Punjab.
BJP MP from South Delhi, Ramesh Bhiduri has also filed a criminal defamation case against Kejriwal. This case will come up for hearing on 6 August.
Rajdeep Sardesai
Why? For publishing a story on alleged misconduct by additional commissioner of police Rajiv Trivedi in the Sohrabuddin encounter case. Sardesai and a few other journalists were charged by Trivedi.
Where? A trial court in Hyderabad is hearing the case. In June 2015, the apex court had stayed the trial.
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