Congress MP Rahul Gandhi seeks transfer of RSS defamation case in Thane, cites monetary jurisdiction

Congress leader Rahul Gandhi approached a Thane court seeking transfer of a defamation lawsuit filed against himciting the pecuniary jurisdiction of the case. The suit, originally filed by an RSS activist in 2019, alleges defamation stemming from Gandhi’s comments linking the RSS to the 2017 murder of journalist and activist Gauri Lankesh.

REASONS FOR TRANSFER

The defamation case is currently being heard by a Civil Judge (Superior Chamber). However, Rahul Gandhi’s lawyer NV Iyer argued that the case falls under the jurisdiction of the Civil Judge (Junior Division) due to the monetary valuation of the compensation sought by the plaintiff.

The complainant, RSS activist Vivek Champanerkar, represented by lawyer Aditya Mishra, has sought a token compensation of Rs 1. Gandhi’s plea states that under the Maharashtra Court Fees Act, such claim falls within the monetary limits of the Civil Judge (Junior Division).

“As per assessment of the suit, the Thane Civil Court (Lower Division) is empowered to hear, try and dispose of the suit. It is, therefore, fair and necessary that the present matter be kindly transferred to the Court before the judge civil (junior division) Thane,” the statement read.

Advocate Iyer further emphasized that “in the interest of justice”, the suit should be heard by the appropriate court with pecuniary jurisdiction as the compensation sought is less than Rs 5 lakh.

THE APPLICATION WAS PREVIOUSLY REJECTED

This is not the first time Gandhi has raised objections over the jurisdiction of the court hearing the defamation case. A similar application was made to the Chief District Judge in December 2021, who rejected the appeal.

The district judge ruled that any complaint or objection regarding the maintainability of the suit must be filed before the Civil Judge (High Court) hearing the case.

Gandhi then filed the present application directly before the Civil Judge (Senior Division), seeking transfer to the Junior Division.

NEXT SCHEDULED HEARING

The court has fixed February 6 as the date of next hearing, during which lawyer Aditya Mishra is expected to respond to Gandhi’s plea to transfer the case. The outcome of this plea could determine the future course of the defamation lawsuit.

The defamation suit arises from allegations made by Gandhi linking the RSS to the murder of Gauri Lankesh. Champanerkar filed the suit in 2019, demanding a token compensation of Rs 1.

The case also initially named Communist Party of India (Marxist) general secretary Sitaram Yechury as a co-accused.

On Friday, the court was informed of Yechury’s death on September 12, 2024. Documents confirming Yechury’s death were presented and the court officially took the information into the record.