New Delhi, July 27: The Supreme Court of India on Wednesday pointed towards procedural irregularities in the Rahul Gandhi defamation case pertaining to a statement he made where he held the RSS responsible for Mahatma Gandhi's assassination.
A defamation case had been filed in Maharashtra and on the last date of hearing, the Supreme Court had observed that Rahul Gandhi must face trial if he does not apologise for his remarks. However, on Wednesday when the hearing began a procedural irregularity was pointed out.
The Supreme Court held that there is a procedural irregularity in the Magistrate hearing the defamation case ordering a police probe. The court then observed that in this case, the Magistrate had ordered a police inquiry to find out if the allegations were right or not.
The court observed that this was a procedural lapse and in defamation cases a police inquiry cannot be ordered. In cases of defamation, the allegations are to be proven on the basis of the evidence provided by the complainant and the police will have no role in it.
The complainant through his counsel told the court that this is a new proposition and needs to be discussed. The court then ordered both the complainant and Rahul Gandhi to discuss and address this issue on August 23, the next date of hearing.
The court also observed that if it finds that there has been a procedural lapse then it would direct the Magistrate to consider the defamation complaint afresh.