Police has no role in criminal defamation case against Rahul: SC

R Sedhuraman

Legal Correspondent

New Delhi, July 27

The Supreme Court on Wednesday said the police had no role in the criminal defamation case against Congress vice-president Rahul Gandhi for his reported statement blaming the RSS for the assassination of Mahatma Gandhi.

A Bench comprising Justices Dipak Misra and RF Nariman said Sections 499 and 500 dealing with criminal defamation didn't talk of the police.

In such cases, it was the responsibility of the magistrate to assess the validity of the private complaint against individuals.

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The complainant should demonstrate that the alleged defamatory statement had damaged his reputation. The accused would have to prove that he didn't make the statement or his remark had been misunderstood to have the case against him dismissed, the Bench said.

The Bench, however, adjourned the hearing for August 23 as the complainant sought time to argue on this aspect.