I never blamed RSS the institution for killing Gandhiji, Rahul Gandhi tells Supreme Court

The political slugfest between the Congress and RSS seemed to be drawing to a conclusion with Rahul Gandhi choosing to set the records straight by telling the Supreme Court on Wednesday that he had never blamed the RSS as an institution for killing Mahatama Gandhi, but persons associated with it were behind the assassination.

The Congress Vice-President buttressed his stand by citing paragraphs from his affidavit filed in the Bombay High Court, while challenging the summons issued to him as an accused for his alleged defamatory statement in a 2015 election rally in Maharashtra.

However, his counsel in the case and senior Congress leader Kapil Sibal said Rahul has not changed his position on the issue. What Rahul said was that “RSS men killed Gandhi” and there are documents to prove RSS workers’ involvement in the murder of Gandhi, he said.

Quoting a government communiqué from February 4, 1948, he said, undesirable — even dangerous — activities are carried out by the Sangh Parivar. “Rahul Gandhi has not said this. It is the Government of India that said, ‘It has been found that in several parts of the country individual members of the RSS have indulged in acts of violence, arson, robbery and murder. They have been found collecting arms and ammunition. They have been distributing leaflets exhorting people to resort to terrorist methods’,” said Sibal.

He added that LD Advani, a “pretender” to Sardar Patel’s legacy, denied Nathuram Godse’s link with RSS.

“Godse’s brother Gopal Godse rebuked Advani and said it was cowardice to say that. He said — you can say RSS did not pass a resolution, but hatched a conspiracy to kill Gandhiji.

“He (Gopal) also said that Nathuram did not leave the RSS. How is it Rahul Gandhi is sought to be prosecuted for defamation, when all these quotes directly attributed the murder to an organisation? Why have they not filed a case against the brother of Nathuram Godse, who said they were all in the RSS?” Sibal asked.

A Bench comprising Justices Dipak Misra and RF Nariman said if the complainant agrees to the submission, it will take the statement on record and dispose of the petition. “What we understand is that the accused never blamed RSS as an institution that killed Mahatma Gandhi but the persons associated with it were responsible for the killing,” it said.

Sibal, appearing for Rahul, cited the affidavit filed before the High Court, saying he had only accused certain people of RSS and not the organisation as the killer of Mahatma Gandhi.

The Bench indicated it would pass an order on September 1 that Rahul has “unequivocally” stated that he had never blamed the RSS as an institution for the assassination but persons associated with it had killed Mahatma Gandhi. It asked senior advocate UR Lalit, appearing for Rajesh Mahadev Kunte, Secretary of the Bhiwandi Unit of RSS and the complainant, to take instructions on the option of disposing of the matter, and posted it on September 1.

Lalit said he would take instruction as to whether the statement, given in the affidavit, is taken on record; then the petition may or may not be disposed of.

At the outset, Sibal questioned Kunte’s statement before the police and said the police had no role whatsoever in a private defamation case.

Lalit further said Rahul has not disputed making the speech or the relevant statement at an election rally, which was there in the affidavit.

To this, the court asked Sibal whether the statements have been admitted and added that if the accused admits making the statement, the matter ends here.

Sibal said at this juncture, the court cannot ask him to either to admit or deny the statements and what he had specifically said in the affidavit is that he has not blamed “RSS as institution of crime in the assassination of Mahatma Gandhi.

“This is like jumping the gun. He has to tell on oath before the court how he understands the statement and how the offence is made out. It’s not like someone drafts an affidavit and files it before the court and gets the process initiated,” Sibal said.

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