The Supreme Court on Tuesday observed that Rahul Gandhi, who blamed the RSS Mahatma Gandhi’s assassination, should not have resorted to “collective denunciation” of an organisation, and will have to face trial in the defamation case against him if he does not express regret.

“We have held it may be historically correct, but the fact or the statement has to meet the test of public good. You can’t make [a] collective denunciation,” a Bench comprising Justices Dipak Misra and RF Nariman said.

‘Wrong fact’

“Freedom is not crippled or curbed. What is curbed is defamatory speech. What the writers, politicians, critics or antagonists say, you must have great magnitude to swallow,” the Bench observed.

It questioned Rahul’s speech and wondered “why he made a speech quoting wrong historical fact”.

The apex court said they have applied their mind and Rahul will have to face the trial in the case. “What we have to see is [whether] the petitioner’s allegations come under Section 499 (defamation) of IPC or not. Judgement is already there. You have to face trial, if you don’t express regret,” the Bench said.

It also said “the purpose of law is not to convert people into litigants. Purpose of law is that people obey law. Peace and harmony should prevail rather than chaos”.

Rahul's counsel said whatever was said in the speech was on the basis of government records, and on the basis of a decision of the Punjab and Haryana High Court and he was not referring to RSS directly.

The Bench, after perusing the High Court judgement, said it only says Nathuram Godse was an RSS worker and added that ‘Godse killed Gandhi’ and ‘RSS killed Gandhi’ are two different things. “You have gone a way ahead and you can’t make collective denunciation,” it said.

Rahul won’t express regret

The Congress on Tuesday today said that Rahul Gandhi will not tender an apology over his remarks against the RSS and will instead present substantiate them with historical facts and evidence before the court to support his claim.

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