Express regret or face trial: Supreme Court

Express regret or face trial: Supreme Court
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The Supreme Court on Tuesday made it clear to Congress vice president Rahul Gandhi that he will have to face trial in a defamation case if he does not express regret over his statement blaming RSS for Mahatma Gandhi\'s assassination but the Congress remained unfazed ruling out such a possibility.

​New Delhi: The Supreme Court on Tuesday made it clear to Congress vice president Rahul Gandhi that he will have to face trial in a defamation case if he does not express regret over his statement blaming RSS for Mahatma Gandhi's assassination but the Congress remained unfazed ruling out such a possibility.

Without taking the name of RSS, the apex court also observed that Rahul should not have made a collective denunciation of an organisation.

While the Congress asserted that Rahul would not apologise for the remarks, the RSS accused the Congress of maligning it and consistently spreading lies about it. "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 R F Nariman said, posting the matter for further hearing on July 27.

The bench was hearing an appeal filed by Rahul seeking quashing of a criminal defamation case ordered by a magisterial court in Bhiwandi in Maharashtra for a public speech in which he had linked the RSS to Gandhiji's killing. "Freedom is not crippled or curbed.

What is curbed is defamatory speech. What the writers, politicians, critics or antagonists say, you must have great magnitude to swallow," it said.

Wondering why he made a speech quoting "wrong historical fact", the court observed, "What we have to see is whether the petitioner's allegations come under Section 499 (defamation) of IPC or not. Judgement is already there. You have to face trial, if you don't express regret."

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