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Court dismisses RSS defamation complaint against Arjun
Saturday, October 30 2004 11:08 Hrs (IST)

Chennai: In a reprieve for Arjun Singh, a city court has thrown out RSS (Rashtriya Swayamsevak Sangh) defamation complaint against the Union HRD (Human Resource Development) Minister for his reported remarks suggesting the saffron organisation had a hand in the assassination of Mahatma Gandhi.

"The averments made in the complaint do not substantiate the commission of offence of defamation," Metropolitan Magistrate K Ramanathan said in his order last week.

"... in the absence of sufficient reason and also in the absence of documentary evidence, I come to the conclusion that there is no prima facie case against Arjun Singh for the offence of defamation... it is not a fit case to be taken on file," the Magistrate said dismissing the complaint at the admission stage itself.

The complaint filed by Durai Shankar, president of RSS Tamil Nadu Unit, alleged that Singh had made a defamatory statement suggesting a link between the organisation and the killing of Mahatma Gandhi.

The petition claimed that the then Home Minister Vallabhai Patel's letter to Prime Minister Jawaharlal Nehru had stated that RSS was not involved in the assassination of the Mahatma.

However, the court said it could not determine whether or not RSS' reputation was damaged on the basis of an incident that took place about 55 years ago.

Besides, there was "no clinching evidence or documents to show that an offence under Section 499 (defamation) of IPC was made out against Arjun Singh," the court said.

The court said that complainant has not made out any prima facie case that because of the alleged statement of Singh the reputation of RSS was damaged and that the statement was "per se defamatory".

While dismissing the complaint, the court observed that there was no evidence that complainant Durai Shankar had a legal relationship with RSS as no document was produced to show that he was in any way connected with the organisation.

The Haryana unit of RSS has also filed a criminal defamation suit against Singh in the court of the Judicial Magistrate First Class at Jagadhari.

RSS had initially served a legal notice to the HRD Minister asking him to tender an "unconditional written apology" but he refused to do so and dared the organisation to "do the worst it can".

However, in his written statement issued to the media, the senior Congress leader did not directly hold the RSS responsible for Mahatma Gandhi's assassination but instead chose to blame the "philosophy" behind it.

PTI










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