Following various legal steps, including notice issuance, bailable warrant, and non-bailable warrant, a Jharkhand district court has now ordered the physical presence of former Congress President Rahul Gandhi in a 2018 defamation case. This case concerns his remarks against the BJP and Union Home Minister Amit Shah.
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On March 14, West Singhbhum Judicial Magistrate (first class) Rishi Kumar issued an order rejecting Rahul Gandhi’s request to appear through a pleader. The order state that according to the provisions, personal appearance may be waive under certain circumstances when a magistrate issues summons. However, in this case, a Non-Bailable warrant has been issue, which falls outside the scope of this provision (of section 205 CrPC) to waive the personal appearance of the accused.
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Court Rejects Rahul Gandhi’s Petition to Recall Non-Bailable Warrant
The West Singhbhum Judicial Magistrate (first class), Rishi Kumar, dismissed Rahul Gandhi’s petition seeking the recall of the non-bailable warrant issued against him. The court state that the warrant cannot be recall as it has already been issue to secure his presence in the case. Gandhi has been direct to appear physically on the next hearing date, which is schedule for March 27.
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Rahul Gandhi’s Alleged Defamatory Remarks from 2018 AICC Plenary Session
During the 2018 AICC plenary session, Rahul Gandhi purportedly made defamatory remarks, accusing the BJP leadership of lying and being power-hungry. He stated that the people would tolerate a BJP leadership known for deceit but would not accept the same behavior from the Congress party. Gandhi further mention that while the BJP might endorse individuals accused of serious crimes, such as murder, as leaders (referring to Amit Shah), such actions wouldn’t be tolerate within the Congress party.
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Pratap Kumar, a BJP supporter who held the position of Pradesh vice-president of Bhartiya Janta Yuva Morcha at the time, lodged a complaint against Rahul Gandhi. Kumar asserted that the BJP upheld its fundamental philosophy of serving “Mother India” and the nation’s people, without compromise.
Complaint Alleges Defamatory Statements by Rahul Gandhi Against BJP
According to court records, the complainant asserted that Rahul Gandhi’s statements were not only false but also defamatory and insulting to the dedicated workers, supporters, and leaders of the BJP. The complainant argued that Gandhi deliberately made these remarks with the intention to harm and defame the BJP, fully aware of the potential damage to the party’s reputation. The statements were deemed defamatory in nature and allegedly tarnished the image of the BJP.
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