Pune, Apr 7 (UNI) A special court here on Monday accepted the request of Leader of Opposition in Lok Sabha, Rahul Gandhi, related to case of defamation of Swatantryaveer Vinayak Damodar Savarkar.
Gandhi has requested the MP-MLA court to conduct the hearing of this case as a 'summons trial' instead of a 'summary trial'.
The defamation case was filed by Satyaki Savarkar, the grand-nephew of Veer Savarkar, against Rahul Gandhi for his alleged speech against Savarkar.
In his speech in London, Gandhi had allegedly stated that Savarkar had written in one of his books that "Once we were going, when some people were beating up a Muslim person, I felt very happy to see that."
However, complainant Satyaki Savarkar argues that Savarkar had not written this in any book. Therefore, Gandhi allegedly defamed Savarkar.
During the hearing of this defamation case in the court today, Advocate Milind Pawar has filed an application on behalf of Rahul Gandhi in the court, seeking to conduct the hearing of this case as a 'summons trial' instead of a 'summary trial', which was subsequently accepted by court.
Adv Pawar contended that this case depends on some historical events and incidents. How much and how did Savarkar contribute to achieving freedom, How many books has Savarkar written, What were Savarkar's views about Muslims? What was Savarkar's relationship with the British? The defence will have to conduct cross-examination on many such historical events in this case.
In accordance with the principles of natural justice and the provisions of law, the defence has the right to conduct a comprehensive hearing and cross-examination of the case, he said.
"But if the hearing of this case is conducted as a 'summary trial', the defence will not be able to conduct a comprehensive and thorough cross-examination of the witnesses. If the case is heard as a 'summons trial', the defence can get permission to present its case in detail and in depth, file necessary documents from time to time, and request them from the government on occasion," he added.
Therefore, Adv Pawar filed an application for the hearing of this case in this court as a 'summons trial' and not as a 'summary trial'.
After hearing arguments of both the sides on the application so also the request application of Rahul Gandhi, Special Judge Amol Shinde accepted the request of Gandhi.
Adv Pawar through his application urged the court to order complainant to transfer all documents filed by Satyaki Savarkar in the court such as newspapers, books, affidavits of witnesses, CD of the speech given by Rahul Gandhi at the diaspora programme in London, to the defence before the start of the hearing.
The court has sought written submissions from complainant Satyaki Savarkar.
The next hearing of the case will be held on April 25, added Adv Pawar.
UNI SP SS