Crime Today News
The Allahabad High Court on Friday refused to set aside summons issued to Congress leader Rahul Gandhi in a case in which he was accused of defaming Hindutva ideologue VD Savarkar, Bar and Bench reported.
The defamation case was filed on a complaint by lawyer Nripendra Pandey, who alleged that the leader of opposition in the Lok Sabha insulted Savarkar during his Bharat Jodo Yatra in November 2022.
A magistrate court in Lucknow summoned Gandhi in the case in December, The Hindu reported. Gandhi challenged the order before the Allahabad High Court.
Justice Subhash Vidyarthi of the High Court said on Friday that the Congress leader had the option to approach the sessions court under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, which was formerly Section 397 of the Code of Criminal Procedure.
“The inherent powers of this court recognised by Section 482 CrPC are meant to be invoked to secure the ends of justice,” the judge said, according to The Hindu. “This power is discretionary and this discretion is normally not invoked when the petitioner has got a statutory remedy available to him.”
Apart from the in Uttar Pradesh, Gandhi is also facing a defamation case in Maharashtra for his remarks about Savarkar. The case in Maharashtra has been filed by the Hindutva ideologue’s grand-nephew Satyaki Savarkar.
Satyaki Savarkar alleged that Gandhi had made the remarks “fully knowing the said allegations to be untrue, with the specific objective of harming the reputation and to defame the surname Savarkar”.
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