Bhiwandi court grants Rahul Gandhi permanent exemption from appearance

BHIWANDI: A Bhiwandi court on Saturday granted permanent exemption from appearance to Congress leader Rahul Gandhi in the criminal defamation case filed by Rashtriya Swayamsevak Sangh (RSS) functionary Rajesh Kunte in 2014.

Kunte had filed the defamation case after Gandhi addressed a rally in Bhiwandi during the 2014 Lok Sabha campaign and blamed the RSS for the killing of Mahatma Gandhi.

Gandhi appeared in Bhiwandi court in 2018 and pleaded not guilty after which the trial commenced. In 2022, Adv Narayan Iyer had moved for an exemption on Gandhi’s behalf on the ground that the Congress leader was a Member of Parliament and had to attend the party work.

Advocate Probhod Jaywant, appearing for complainant Rajesh Kunte, had opposed the exemption application and brought to the notice of the court that Gandhi had been sentenced to two years imprisonment by a Surat court in another defamation matter and consequently, he was disqualified from the Parliament. Iyer contended that his client had filed an appeal against the Surat conviction.

After hearing both sides on the exemption application, L C Wadikar, Judicial Magistrate First Class, Bhiwandi allowed the permanent exemption to Gandhi on the following conditions. The court said Gandhi should give an undertaking that his duly designated advocate appears punctually and regularly before the court on every scheduled date. “The accused shall not challenge his identity and the identity of prosecution witnesses and shall not claim any benefit for his absence before the court,” the court said in its order. The court also said Gandhi should remain present before the court as and when directed, and if these conditions are breached, the exemption order will be automatically vacated without further notice to the accused.