A Bhiwandi court docket has slapped a nice of Rs 1,000 on an activist of the Rashtriya Swayamsevak Sangh (RSS) for searching for an adjournment in proceedings towards Congress MP Rahul Gandhi in a defamation case filed in 2014. The case was filed towards him by RSS activist Rajesh Kunte after Gandhi acknowledged in one in every of his speeches that “RSS was responsible for Mahatma Gandhi’s death”.
Kunte, who filed the grievance towards Gandhi, had sought adjournment of the listening to stating that his enchantment towards a Judicial Magistrate’s refusal to summon a notary lawyer to look at him as a witness first was pending within the High Court, Bar&Bench reported.
As per prescribed norms adopted in defamation fits, it’s the complainant who’s required to depose as the primary witness for the prosecution. Moreover, Kunte filed one other utility searching for a summons to the police officer who probed Kunte’s defamation grievance below Section 202 of the CrPC. The enchantment was opposed by Gandhi’s lawyer and subsequently rejected by the Magistrate on grounds that it was important for Kunte to show his personal deposition first earlier than continuing to the opposite witnesses.
“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,” the court docket mentioned in its order.
The Court then ordered Kunte to depose along with his proof on the subsequent date of listening to and imposed a value of Rs 1,000 to be paid to Gandhi. The matter might be heard subsequent on May 10.
Source: www.financialexpress.com”