Hathras (UP), May 13 (PTI An MP-MLA court in this Uttar Pradesh district on Wednesday dismissed a defamation complaint filed against Congress leader Rahul Gandhi for allegedly calling three acquitted men “accused”, observing that summoning someone as an accused is a “serious matter” and the criminal law cannot be set in motion routinely.
Additional Civil Judge Deepak Nath Saraswati rejected the plea under section 226 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Section 226 of the BNSS empowers a magistrate to dismiss a complaint if, after examining the complainant and witnesses and considering any inquiry or investigation (under section 225), he comes to the conclusion that there is no sufficient ground to proceed.
The court cited a Supreme Court verdict, emphasising that a magistrate must exercise his “judicial mind” before summoning someone.
“Summoning an accused in a criminal case is a serious matter. Criminal law cannot be set in motion as a matter of course. It is not that the complainant can simply produce two witnesses to support the allegations and the law is applied immediately,” the judge said.
He further clarified that a court order must reflect that the facts of the case and the applicable laws were carefully weighed before deciding to call upon the accused.
After reviewing the evidence presented, the court concluded that the disputed statements made by Gandhi were aimed at criticising government policies and announcements rather than a personal attack.
“From a perusal of all evidence and reports, it does not prima facie appear that the statement was made with the intent to defame any specific individual,” the judge said.
The court ruled that there was no sufficient ground to proceed with the complaint or summon the Rae Bareli MP. Consequently, the complaint was dismissed.
Lawyer Munna Singh Pundhir said three cases were filed on behalf of Ravi, Ram Kumar alias Ramu and Luvkush against Gandhi, who is the leader of opposition in the Lok Sabha, after he allegedly said in Bulgadhi village on December 12, 2024, that “the accused are roaming free, while the victim’s family is locked inside the house”.
Pundhir said the statement was “defamatory and insulting” to the men, who were acquitted in the Hathras gang-rape case by a CBI court after spending more than two years and a half in jail.
“A legal notice of Rs 1.5 crore was sent to Rahul Gandhi demanding Rs 50 lakh each for the three,” he said, adding that no reply was received to it, following which the complaint was filed.
A Dalit girl from a village was allegedly gang-raped in September 2020. She died days later during treatment at a Delhi hospital. Four men of her village were accused of committing the crime. After a CBI probe and trial, three of them — Ramkumar, Luvkush and Ravi — were acquitted, while Sandeep was found guilty and is still in jail. PTI COR ABN RC
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