[Defamation case against Rahul Gandhi] Bhiwandi court imposes ₹1,000 fine on complainant RSS worker for seeking adjournment

A Bhiwandi court this week imposed a fine of ₹1,000 against Rashtriya Swayamsevak Sangh leader Rajesh Kunte for seeking adjournment in the defamation proceedings initiated against Congress leader Rahul Gandhi. [Rajesh Kunte v. Rahul Gandhi].The defamation case was initiated by the RSS leader after Gandhi in one of his speeches stated that RSS was responsible for Mahatma Gandhi’s death.The proceedings in the case were ongoing since 2014 before the Judicial Magistrate of Bhiwandi, Maharashtra.The Magistrate imposed costs on Kunte as he sought an adjournment citing reasons that a writ petition challenging an order of the Magistrate was pending before the Bombay High Court.In defamation proceedings, it is the complainant who deposes as first witness for prosecution.However, Kunte sought issuance of summons to a notary lawyer to examine him as witness first, which was rejected by the Magistrate.This was challenged before the High Court which is pending, Kunte informed the Magistrate seeking adjournment..Simultaneously, Kunte also filed another application seeking issuance of summons to the police officer who conducted enquiry into Kunte’s defamation complaint under Section 202 of the Code of Criminal Procedure on the direction of the Magistrate.This was vehemently opposed by Advocate NV Iyyer representing Gandhi..Magistrate Dr JV Paliwal refused to grant the second application of summons opining it was essential for Kunte to prove his own deposition first before proceeding to the other witnesses."It is settled principle that the complainant (Kunte) has to begin the evidence with his own deposition to prove the basic fact or cause for which the present complaint is instituted. Later he may examine other witness in support of his contention. Having considered the nature of allegations and facts of the case, calling of the proposed witness (policeman) at this stage of the proceeding without evidence of the complainant will result into unnecessary delay to the proceedings. The complainant given no season in the present application as to why the complainant does not want to examine himself first and directly wants to examine the person who conducted inquiry under section 202 of CrPC. There is no reason given by the complainant in the present application," the handwritten order said..Having regard to be facts of case and role of proposed witness in present proceedings, the Magistrate was of the view that testimony of the proposed witness would be relevant once the examination of complainant is over.With these observations, the Court ordered Kunte to proceed with his evidence on the next date without fail and imposed costs of ₹1,000 to be paid to Gandhi.The Court will hear the case on May 10.