Say sorry or face trial for saying RSS behind Gandhi killing: SC to Rahul
New Delhi: The Supreme Court on Tuesday observed that Rahul Gandhi, who blamed RSS for the assassination of Mahatma Gandhi, should not have resorted to "collective denunciation" of an organisation and will have to face trial in the defamation case against him if he does not express regret.
"We have held it may be historically correct but the fact or the statement has to meet the test of public good. You can't make collective denunciation," a bench comprising Justices Dipak Misra and RF Nariman said.
The bench said "freedom is not crippled or curbed. What is curbed is freedom of speech. What the writers, politicians, critics or antagonists say, you must have great magnitude to swallow."
The bench questioned the speech made by Rahul and wondered "why he made a speech quoting wrong historical fact".
The apex court judges said they had applied their minds and Rahul Gandhi would have to face trial in the case.
"What we have to see is whether the petitioner's allegations come under Section 499 (defamation) of IPC. Judgement is already there. You have to face trial, if you don't express regret," the bench said.
It also said "the purpose of law is not to convert people into litigants. Purpose of law is that people obey law. Peace and harmony should prevail rather than chaos."
Senior advocate Harin Raval, appearing for Rahul, argued the content of Rahul's speech was on the basis of government records and the judgement of the Punjab and Haryana High Court on Gandhi's killer Nathuram Godse. He was not referring to the RSS directly, the lawyer said. The bench, after perusing the judgement of the Punjab and Haryana High Court, said the judgement only observed that Nathuram Godse was an RSS worker. The top court said 'Godse killed Gandhi' and 'RSS killed Gandhi' are two different things.
"You have gone way ahead and you can't make collective denunciation," the court said.
Justice Misra said that "history is the greatest enemy of privacy. Over the years, attempts have been made to enter into the lives of historically eminent personalities to give a new dimension."
While quoting the recent order in a petition filed by DMDK leader and actor A Vijayakanth challenging the cases lodged against him and others in which the apex court has issued notice to Tamil Nadu Chief Minister Jayalalithaa, the bench said criticism of government is one thing and criticism of historical figures is another.
The apex court had on July 9 heard Rahul's plea seeking a stay on the Bombay High Court order, refusing to quash the defamation case against him over his remark on the Rashtriya Swayamsevak Sangh (RSS).
The apex court in April adjourned the plea till the second week of May. Rahul had urged the apex court to reject the defamation case filed against him by the RSS in March.
Gandhi's counsel argued there were several judgements and evidence that would prove the defamation case filed against him was frivolous.
According to reports, the Congress vice-president also turned down the Supreme Court's offer to express regret for his comment holding the RSS responsible for Mahatma Gandhi's assassination, and get the defamation case filed against him buried.
