Basis for summons to Rahul Gandhi wrong: Supreme Court
SC was hearing Gandhi's petition seeking to quash summons for his remark of RSS role in Gandhiji's assassination.
New Delhi: Giving relief to Congress VP Rahul Gandhi, the Supreme Court said on Wednesday that in criminal defamation cases, the police can’t inquire into the complaint and the magistrate should independently examine its truth or veracity before taking cognisance and issuing summons.
The apex court was hearing Mr Gandhi’s petition seeking to quash the summons for his remark of RSS role in Mahatma Gandhi’s assassination.
During the resumed hearing of the petition filed by Rahul Gandhi, seeking to quash the summons and criminal proceedings, a Bench of Justice Dipak Misra and Rohinton Nariman pointed out that Police has no role in criminal defamation cases.
But in this case the magistrate had called for a report from the police on the alleged statement made by Rahul Gandhi about the role of RSS in assassination of Mahatma Gandhi and on that basis taken cognizance of the complaint which is erroneous. The matter will have to be sent back to the magistrate for fresh consideration, the bench observed.