Defamation case against Rahul: Witness unavailable, next hearing on Dec 20

A court in Bhiwandi in Thane district on Saturday adjourned the hearing in the criminal defamation case filed against Congress leader Rahul Gandhi by a Rashtriya Swayamsevak Sangh (RSS) worker to December 20 due to non-availability of a crucial prosecution witness.

Advocate Narayan Iyer, counsel for Rahul Gandhi, confirmed the adjournment, stating that the witness, Ashok Saykar, currently Deputy Superintendent of Police in Barshi in Solapur, could not remain present due to personal reasons.  Saykar's evidence is now likely to be recorded on December 29. His testimony is considered key because he, as police sub inspector in 2014, conducted the preliminary inquiry into the private defamation matter under Section 202 of the Code of Criminal Procedure (CrPC).  It was on the basis of Saykar's submitted report that the court subsequently issued process (summons) against Rahul Gandhi under Section 500 of the Indian Penal Code (IPC).  The criminal defamation case was filed by local RSS worker Rajesh Kunte following a speech given by Rahul Gandhi at an election rally near Bhiwandi on March 6, 2014.  The case stems from the Congress leader's alleged statement that "the RSS people killed (Mahatma) Gandhi." The matter is being heard by Bhiwandi Joint Civil Judge, Junior Division, P M Kolse.  The hearing had previously been adjourned on November 15 after the complainant's counsel, Advocate Prabodh Jaywant, moved an application seeking permission to examine Saykar, who had submitted the probe report to the court.  The matter was originally scheduled for November 29 but was deferred to December 6 after Rahul Gandhi's legal team sought an adjournment citing their non-availability. The proceedings will now resume on December 20.