Savarkar remarks defamation case: Pune court allows Rahul Gandhi's plea for summons trial

Pune: A Pune court on Monday allowed Congress leader Rahul Gandhi's plea to convert the defamation case over his alleged remarks on V D Savarkar from a summary to a summons trial so that historical references and evidence can be discussed.

Judicial Magistrate (First Class) Amol Shinde of the Special Court for MPs/MLAs allowed the application filed by Gandhi's lawyer Milind Pawar.

The case, prima facie, falls in the category of a summons case, the court order said.

"In the present case the accused is claiming and raising 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. Because in summary trial detail evidence, cross examination is not taken," it said.

"In (summons) case, the accused has to lead detailed evidence and has to cross examine the witnesses of the complainant thoroughly. 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," the judge said.

Satyaki Savarkar, grand nephew of Savarkar, had filed a complaint against Gandhi in a Pune court contending the Congress leader, in a speech in London in March 2023, had said the Hindutva ideologue had written in a book that he and five to six of his friends once beat up a Muslim man and felt happy (about it).

As per the complaint, no such incident ever took place nor did Savarkar write anything in this regard.

It termed Gandhi's allegation as fictitious, false, and malicious.

Advocate Sangram Kolhatkar, representing Satyaki Savarkar, told court the accused had filed this application to prolong the matter.

The complainant has filed sufficient evidence on record which shows that the defamatory statement has been made by the accused without any basis, Kolhatkar said.