Legal Notice Issued to Rahul Gandhi and Senior Congress Leaders.
Rs. 100 Crores Compensation claimed.
Many More notices to be issued soon.
On June 24, 2024, a legal notice demanding ₹100 crore in damages was issued to the Indian National Congress, Rahul Gandhi, and senior party leaders for broadcasting a defamatory video which is also doing contempt of the constitution of India. This notice, served by Adv. Ishwarlal S. Agarwal on behalf of his client, Sh. Rashid Khan Pathan, President of Supreme Court & High Court Litigant Association outlines a series of accusations and legal repercussions.
Background of the Case:
The notice highlights multiple instances where Rahul Gandhi and other Congress leaders have been accused of making defamatory statements against the Prime Minister of India, Narendra Modi, and the Bharatiya Janata Party (BJP). These statements, as per the notice, have not only insulted the Prime Minister but also implied that individuals associated with him, including the BJP, are only the persons who are topmost criminals.
Key Points from the Notice:
1. Previous Defamation and Apology: The notice recounts an incident from 2019 where Rahul Gandhi made false allegations against Prime Minister Narendra Modi, claiming the Supreme Court had called him a thief. This led to a contempt petition, during which Gandhi apologized to the Supreme Court, and the proceedings were closed with a warninggiven by the Supreme Court to Rahul Gandhi that he must behave with due care, caution and responsibly.[ [Yashwant Sinha v. CBI, (2019) 6 SCC 1]
In the year 2023 Sh. Rahul Gandhi was convicted by the Gujrat Court and sentenced to two years imprisonment for making defamatory statement that every person with Modi surname are thief.
While suspending said sentence the Supreme Court again warned him to be more careful and behave responsibly. [ Rahul Gandhi v. Purnesh Ishwarbhai Modi, (2024) 2 SCC 595]
2. Recent Defamatory Video: On June 15, 2024, the Congress Party allegedly published a video on their WhatsApp channel with the title: “Narendra Modi ka wahi khas, jo ho ek number ka badmash” (“Narendra Modi’s close ones are top-notch crooks i.e. top most criminals”). The video implied that BJP is filled with criminals and that those close to the Prime Minister are the worst Criminals.
3. Impact on the Client: Sh. Rashid Khan Pathan, the client of Adv. Agarwal, has been directly affected by these statements. As the President of the Supreme Court and High Court Litigants’ Association and as a head of publication section of Indian Bar Association Sh. Pathan had published a book written by Adv. Nilesh Ojha, National President of Indian Bar Association. Said book was appreciated by many signatories including Former Chief Justice of India, Vice President of India etc.
Said Book was also appreciated by the P.M. Sh. Narendra Modi & Home Minister Sh. Amit Shah. In view of such close association with the Prime Minister Modi, Pathan claims that the defamatory video has caused significant harm to his reputation, leading to mental agony and professional distress.
4. Legal Demands: The notice demands the following actions from the Congress Party and its leaders:
– Immediate deletion of the defamatory video and any related content.
– Publication of an unconditional apology in leading newspapers.
– Payment of ₹100 crore in compensation within seven days.
– Cessation of any further defamatory statements.
5. Legal Consequences: Failure to comply with these demands will result in further legal action. This action is independent of criminal prosecution under sections 500, 501, 34, 120(B) of the Indian Penal Code (IPC) and contempt petitions before the Supreme Court.
The Broader Implications
This legal notice underscores the serious nature of defamatory statements in the political arena and the potential legal repercussions. It also highlights the importance of adhering to constitutional principles and maintaining decorum in public discourse. The case emphasizes the legal protections available to individuals whose reputations are unjustly tarnished by false and defamatory statements.
Conclusion
The outcome of this legal notice and any subsequent proceedings will be closely watched as they could set significant precedents for defamation cases involving political figures and parties. The demand for ₹100 crore in damages and the potential criminal prosecution highlight the gravity of the accusations and the potential impact on the Congress Party and its leaders.
