Savarkar Defamation Case: Satyaki Savarkar Alleges 'Surveillance', Objects To Rahul Gandhi's Counsel Asking About Personal Life

  • Savarkar Defamation Case: Satyaki Savarkar Alleges Surveillance, Objects To Rahul Gandhis Counsel Asking About Personal Life
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    Satyaki Savarkar, the grand nephew of right-wing ideologue Vinayak Savarkar has objected to his ongoing 'cross-examination' in the criminal defamation case filed by him against Congress leader Rahul Gandhi and has apprehended that he is being continuously followed or kept under surveillance.

    Satyaki had filed a criminal defamation case against Gandhi for allegedly defaming Savarkar by delivering a speech in United Kingdom wherein he reportedly said that Savarkar has written in one of his books, that he and his friends had assaulted a Muslim man which gave them a feeling of satisfaction.

    Notably, from January this year, Satyaki is being cross-examined by Gandhi's counsel advocate Milind Pawar on various occasions. During the cross-examination, several questions are being asked to Satyaki about him attending various events organised by right-wing outfits like the Rashtrirya Swayamsevak Sangh (RSS) etc. Such 'personal' questions, Satyaki says, are 'irrelevant'.

    In a pursis filed before a special MP/MLA court in Pune, Satyaki has argued that this line of questioning by Gandhi's counsel is nothing but a roving inquiry which infringes his right to privacy.

    "The defence has persistently put questions concerning the complainant's daily routine, private engagements and attendance at various social, cultural and public gatherings, which bear absolutely no nexus to the subject matter of the present complaint or the testimony recorded in the examination-in-chief. Such line of questioning amounts to a roving and fishing inquiry aimed solely at prolonging process and causing undue harassment. The complainant is asked multiple times about his attendance at various public functions, which is irrelevant and objectionable and the judicial notice of the same is warranted. The complainant has an apprehension of being continuously watched, followed and under surveillance. The said apprehension is causing great hardship and sense of insecurity which is felt by the complainant. The apprehension of surveillance is violating his basic fundamental right," Satyaki said.

    The application filed through advocate Sangram Kolhatkar, states that Satyaki is a public figure and therefore, he needs to attend various programs and functions and therefore, questions asked about these are not at all the subject matter of these proceedings.

    "It is stated that the personal day to day life or social commitment of the Complainant is not at all concerned with the present trial. The irrelevant questions being asked by the Accused is a serious situation as the Accused is holding high, responsible, constitutional and influential post. It is pertinent to note that complainant has never indulged himself in personal life of Accused or his time-to-time visits to the abroad and its purposes. Inquiring into the complainants movements and public presence creates an oppressive atmosphere of surveillance, directly impeding upon his personal liberty and right to privacy. The accused is asking such type of irrelevant questions only to harass me and has indulged in the vice of wasting precious time of this court by asking irrelevant and unwarranted questions. If he is not restrained or curbed from asking such irrelevant questions then the cross-examination would go on for ages and will be unending," Satyaki has highlighted.

    The cross-examination is repeatedly being steered towards independent social bodies, cultural forums and political organisations that are completely alien to the present proceedings, merely to politicise the trial and consume the precious judicial time, Satyaki has said.

    He has further highlighted the fact that the cross-examination has been going on for last 10 months now and yet Gandhi has not furnished a time-frame or a schedule by when he would conclude the same.

    Background:

    The defamation complaint asserts that Gandhi has repeatedly defamed Savarkar on various occasions over the years. One specific incident highlighted was on March 5, 2023, when Gandhi addressed the Overseas Congress in the United Kingdom.

    The complainant, Satyaki Savarkar, has claimed that Gandhi intentionally made wild allegations against Savarkar, knowing them to be untrue, with the intention of harming Savarkar's reputation and causing mental agony to the complainant and his family. He states that the defamatory speech was delivered in England, but its impact was felt in Pune as it was published and circulated throughout India.

    Satyaki, in his complaint, has submitted several news reports and a YouTube link to a video of Gandhi's speech in London as evidence. He has claimed that Gandhi falsely accused Savarkar of writing a book in which he described beating up a Muslim person, which Savarkar never wrote and such an incident never happened.

    Satyaki argued that Gandhi made these false, malicious, and wild allegations with the specific objective of defaming Savarkar and harming his reputation.

    The criminal defamation application filed by Satyaki demands maximum punishment for Gandhi under Section 500 (Punishment for defamation) of the IPC and seeks imposition of maximum compensation as per Section 357 (Order to pay compensation) of the CrPC.

    Previously -

    Savarkar Never Hated Muslims; Rahul Gandhi Defamed Him By Portaying Him As Muslim-Hater : Kin Tells Court

    Nathuram Godse & Gopal Godse Convicts In Mahatma Gandhi's Murder; Were Active RSS Members : Savarkar's Kin Tells Pune Court

    Savarkar Objected To Cow Worship, Treated It Only As A Useful Animal : Grandnephew Tells Pune Court

    Savarkar Wrote Book Questioning God's Existence & Religious Beliefs : Grandnephew Tells Court

    Savarkar Would Have Been India's First Prime Minister Had He Compromised With British: Grandnephew Tells Pune Court

    Can't Say If Savarkar Is Called 'Mafiveer' Or 'British Agent' For Filing Mercy Petitions : Grandnephew Tells Pune Court

    Can't Say If Savarkar Was Released By British On Condition Not To Participate In Political Movements : Grandnephew To Court

    Savarkar Filed 10 Mercy Petitions Before British, Revolutionaries Like Bhagat Singh Refused To Compromise : Grandnephew Tells Pune Court

    Savarkar Filed Mercy Petitions Before British 5 Times, Treated Cow As Useful Animal Not God: Grandnephew Tells Court

    'Swatantryaveer' Title Given To Savarkar Not By Govt But By A Writer : Savarkar's Grandnephew Tells Pune Court

    Savarkar Got 'Swatantryaveer' Title For His Work, No Official Govt Gazette Regarding It : Grandnephew Tells Court

    Case Title :  Satyaki Savarkar vs Rahul Gandhi
    Narsi Benwal

    Narsi Benwal is a Special Correspondent with Live Law covering Bombay High Court and also the Trial Courts across Maharashtra

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