Recently, Congress leader Rahul Gandhi approaches Bombay High Courtchallenging an order of a Thane court taking certain additional documents as admitted evidence in the pending criminal defamation case on Modi Surname filed against him by a Rashtriya Swayamsevak Sangh (RSS) worker.
Earlier, in June, Bhiwandi Magistrate Court taken on record certain documents submitted by Rajesh Kunte who is the complainant in the case against Gandhi.
The Court had allowed as evidence the transcript of the alleged defamatory speech based on which the defamation case was filed.
Ghandi in its petition, challenged that the Magistrate's order was in violation of an order of a single judge of the High Court in another petition filed by Kunte which concerned the same defamation complaint.
Back in 2021, Justice Revati Mohite Dere rejected a petition filed by Kunte seeking admission or denial of the alleged defamatory speech made by Gandhi.
The Court held that an accused person could not be compelled to admit or deny annexures to the said petition.
When Gandhi's present plea was taken up for hearing on Monday, single-judge Justice SV Kotwal reasoned that if a co-ordinate bench had already given its observations on the issue, it would be appropriate to let the same judge hear the present petition as well.
“If you are saying this issue has already been covered by this High Court, it would be better if the same judge hears this petition. There are observations by the judge. Let that judge sit in review instead of me sitting in appeal,” the judge said.
He, therefore, ordered that the matter be placed before the same judge who heard the matter earlier.
Gandhi claimed in the present petition that despite the 2021 order of the High Court, the Magistrate proceeded to take on record the same documents which would compel Gandhi to either admit or deny the documents.
On June 3, 2023, during Kunte’s examination by the court, the Magistrate took on record the same 2014 writ petition including the annexures despite vehement opposition from Gandhi.
This has now been challenged by Gandhi before High Court.
"The petitioner is aggrieved by the order dated June 3, 2023 passed by the 2nd Jt. Civil Judge, JD, JMFC, Bhiwandi marking the entire writ petition, i.e. criminal writ petition No. 1960 of 2014 along with its annexures and reading it into evidence in SCC No. 2425/2014 and hence is approaching this Court seeking to quash and set aside the same," the plea said.
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