Court rejects plea to join Savarkar defamation case
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Court rejects plea to join Savarkar defamation case

Bar and Bench··16 Aug

A Pune court on August 14 dismissed researcher Pankaj Phadnis's plea to join the private criminal defamation case that Satyaki Savarkar filed against Rahul Gandhi, ruling Phadnis had no legal standing since he is not a family member of the late Vinayak Savarkar. The magistrate also imposed Rs 20,000 in costs on Phadnis for consuming the court's time.

Prism

What It Means For You

  • If you follow the case, the ruling narrows the proceedings to just Savarkar's grandnephew and Gandhi, without third-party researchers joining as parties.
  • The Rs 20,000 cost order signals courts may penalise intervention applications seen as delaying an ongoing private defamation trial.
  • Gandhi's cross-examination of the complainant is set to continue on August 17, keeping the case on a defined near-term timeline.

What's Happening

  • Judicial Magistrate Amol Shriram Shinde rejected Phadnis's intervention plea, saying only an aggrieved family member can maintain a defamation complaint under Section 199 of the CrPC.
  • The court imposed Rs 20,000 in costs on Phadnis, directing him to deposit the amount with Pune's District Legal Services Authority.
  • Both Savarkar's lawyer and Gandhi's lawyer opposed the intervention, arguing it would expand the case's scope and prejudice the ongoing cross-examination.

The Case's Origins in a 2023 UK Remark

  • The defamation case stems from remarks Rahul Gandhi made about Vinayak Damodar Savarkar during an address in the United Kingdom in March 2023.
  • Satyaki Savarkar, the complainant, is Vinayak Savarkar's grandnephew and has separately said the prolonged cross-examination is causing him mental agony.
  • Phadnis had cited 25 years of research and three books on Savarkar to argue his expertise would help the court, a claim the judge rejected.
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