Thane Court Rejects Digvijay Singh's Plea To Dismiss Defamation Suit Filed By RSS Worker For Allegedly Defaming Organisation, MS Golwalkar

A Thane Court recently dismissed an application filed by former Madhya Pradesh Chief Minister and Congress leader Digvijay Singh, who had sought dismissal of a defamation suit filed against him for allegedly defaming Rashtriya Swayamsevak Sangh (RSS) and its founder MS Golwalkar by posting an objectionable post on Twitter (now X).

For context, Vivek Champanerkar an RSS worker filed a defamation suit against Singh and sought permanent injunction against the leader from making any statements against the RSS. He also demanded Re 1 compensation for the damages done by Singh's post on Twitter in September 2023, wherein the parliamentarian tweeted, "Guru Golwalkar ji ke Daliton Peechdon aur Mussalmaano ke liye va Rashtriya Jal Jungle va Jameen par adhikaar par kya vichaar the avashya jaaniye." (Do know the views of Guru Golwalkar ji on Dalits, Oppressed Peope, Muslims and also about Nation, Water, Forest and Land Rights).

Besides the caption, Singh allegedly posted a photo of Golwalkar with text in its reading, "Main saari zindagi Angrezon ki gulami karne ke liye tayyar hoon lekin jo Daliton, Peechdon aur Mussalmaano ko barabari ka adhikaar deti ho aisi Azadi mujhe nahi chahiye." (I am ready to serve the British all my life, but I do not want the kind of freedom that gives equal rights to Dalits, oppressed people and Muslims.)

Taking exception to this post, Champanerkar contended that the attribution to Golwalkar is false and bogus and that such words were never uttered by the founder of RSS. 

On January 23, Civil Judge Rajesh Khandare dismissed Singh's plea wherein he claimed that the plaintiff Champanerkar, who claimed to be a 'Swayamsevak' of the RSS had no locus standi for instituting the defamation suit. The senior Congress leader also pointed out that the suit was 'undervalued' and also the court fees paid was 'insufficient.'

The judge referred to the plaint, wherein it is contended that the "cause of action to file the instant suit arose on July 8, 2023, when Singh posted 'false, unfounded, baseless and defamatory allegations against the RSS."

"So, there is cause of action for the suit," Judge Khandare opined. 

Further, while rejecting Singh's argument of the plaintiff lacking locus standi to file the suit on behalf of the organisation, the judge referred to a decision of the Bombay High Court in Rahul Gandhi vs Rajesh Mahadev Kunthe's case, decided on March 10, 2015, wherein it was held "There is no dispute that RSS is a determinate body and it will fall under the Explanation 2 of Section 499 of the IPC. Therefore, any offended member of RSS is said to be aggrieved person and can file a complaint, against a person who intents to harm the reputation of RSS."

Relying on these observations, the judge turned down Singh's argument that RSS is not registered body and therefore, not a legal person and in the absence of legal character and entity neither such unregistered body can sue or be sued in its own name nor authorise someone to file a civil suit.

As regards, Singh's argument of the suit being 'undervalued' and fees being paid is 'insufficient' the judge noted, "It is pertinent to note that defendant has not mentioned or submitted as to how the suit undervalued and how much court fees is sufficient?. It is well settled law that though the suit is undervalued or court fee paid is insufficient but on that ground plaint cannot be rejected without granting opportunity to the plaintiff to cure the same. In view aforesaid set of circumstances the application deserves to be rejected."

With these observations, the judge dismissed the application filed by Singh.

Appearance:

Advocate Aditya Mishra appeared for RSS Worker.

Advocates RP Singh and Kajal Soni represented Digvijay Singh.

Case Title: Vivek Champanerkar vs Digvijay Singh

Click Here To Read/Download Order