Rahul Gandhi Granted Exemption From Appearance In Defamation Case

 

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A court in Maharashtra's Thane district on Saturday granted a permanent exemption to Congress leader Rahul Gandhi from appearing before it in a defamation case filed against him by a Rashtriya Sawyamsevak Sangh (RSS) functionary.

Bhiwandi First Class Judicial Magistrate C Wadikar who heard Gandhi's application filed through his counsel Narayan Iyer observed that the Congress leader deserves a permanent exemption.

The magistrate also set June 3 for recording evidence in the defamation suit filed by local RSS worker Rajesh Kunte.

Kunte had in 2014 filed a private complaint before the Bhiwandi magistrate's court after watching Gandhi's speech where he allegedly accused the RSS of Mahatma Gandhi's assassination. Kunte claimed this statement slandered the reputation of the RSS.

Gandhi had appeared before the court in June 2018 and pleaded not guilty.

“Accused Rahul Rajiv Gandhi is hereby exempted from appearance in the court till the further order passed by the court subject to following conditions,” reads the order, a copy of which was accessed by PTI.

“Accused to undertake that his duly designated advocate punctually and regularly appears before court on each and every scheduled date and conduct the trial in absence of accused,” says one of the conditions. “Accused to remain present in court as and when directed,” reads another.

Rahul Gandhi, who was recently disqualified as an MP after his conviction by a Surat court in a defamation case, had last year sought exemption from appearance in the Bhiwandi court on the grounds that he was a Delhi resident and a Lok Sabha member who had to visit his constituency (Wayanad), attend party work and travel a lot. Gandhi had requested that whenever required, he be allowed to be represented by his lawyer in the hearing.

Kunte recently argued that since Gandhi is no longer a parliamentarian, he should not be given an exemption in the matter.

The Surat court had on March 23 sentenced Gandhi to two years in jail in a 2019 criminal defamation case filed against him over his “why all thieves have Modi surname” remarks. The court also granted him bail and suspended the sentence for 30 days to allow him to appeal in a higher court. The next day, he was disqualified as a member of the Lok Sabha.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.) 

The ‘suraksha’ story: How police encounters are justified in Uttar Pradesh

 

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On Thursday, an Uttar Pradesh Special Task Force police team announced that it had shot Asad Ahmed, the 19-year-old son of Atiq Ahmed, a former MP currently in jail for the murder of Raju Pal, an ex-MLA from BSP, in 2005. The STF claimed that Asad was among the shooters who killed Umesh Pal, an advocate who was also a witness in the Raju Pal murder case. A report in this newspaper says that the killing of Asad Ahmed and his aide, Ghulam Hussain, is Encounter No 183 since Yogi Adityanath became the Chief Minister of UP in March 2017. The police encounter has been a subject of intense discussion in UP. This supposed state action against alleged mafia and criminals has been widely condoned by large sections of the public.

Yogi Adityanath has been unapologetic about police encounters. In fact, he projects these acts of the state police as an expression of the “suraksha” he promised voters during the 2022 UP assembly election. He had assured the security of common people from land grabbers and criminals and promised to transform Uttar Pradesh into a peaceful society. His image as “bulldozer baba” — an epithet he gained for ordering that property belonging to people perceived by the state as history-sheeters, gangsters, and rioters be razed using bulldozers — was invoked to buttress this security agenda during the election campaign in 2022. Other BJP CMs have also followed the Yogi model against crime in their states. Police encounters were also cited to project Yogi as a CM who has zero tolerance for crime. On the ground, it has allowed the government to build the narrative that it is ruthless against criminals.

It has also helped the UP CM cultivate the image of a tough and effective chief minister beyond the borders of UP. Anecdotal evidence suggests that he has become an icon for BJP supporters in many Hindi-speaking states. “Woh sab theek kar denge” (He will set it all right) is a refrain one constantly hears in UP as one asks about Yogi, who is often referred to as Baba or Maharaj.

Yogi is not the first CM to build popular support on the ground through the effective implementation of law and order. Mayawati, who was CM four times, was also admired for her tough stance against the mafia and powerful gangsters. However, Yogi has gone a step further. Police encounters, despite criticism from civil rights activists and occasionally the courts, are justified as essential to further the governance agenda of state-building in UP. In this narrative, gangsters spoil the image of UP and derail development. Also, the elimination of gangsters is talked about as a necessary step to provide “suraksha” to the public. A peaceful environment, he argues, will attract investors to UP. This narrative has wide acceptance in UP.

The popularity of Yogi’s security narrative is also linked to the transformation of UP society, especially the growth of the urban middle-class, and economy, where land has become a precious commodity and an asset that also breeds insecurity. A section of the middle-class, and upper-caste Hindus also see the mafia through the prism of religion — that many of the dons are Muslims has coloured perceptions, especially of the middle class.

The major cities in UP — Agra, Aligarh, Kanpur, Lucknow, Allahabad and Banaras — have been expanding at a fast pace. The process of urbanisation even in small towns has accelerated, which has also transformed rural space around cities. Land value in qasbas and towns has increased. The expansion of highways has contributed to the increase in land value, including in villages near highways. The spread of the land mafia has only increased the insecurity of the propertied classes, who face harassment and humiliation from these criminals in their daily lives. It is this sense of insecurity among the middle classes that Yogi has tapped into with his “suraksha” narrative. Encounters and similar state actions are seen as the government sending a message to the mafia and land grabbers to keep off the land and property of common people.

Over the years, the “suraksha” plank has created enormous political capital for Yogi. The BJP continues to benefit from it in elections while Yogi’s popularity soars.

The writer is professor, Govind Ballabh Pant Social Science Institute, Allahabad