The case came up for hearing during the day in the court of the Joint Civil Judge (Junior Division) PM Kolse, Gandhi's advocate Narayan Iyer said
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A court in Bhiwandi in Maharashtra's Thane district on Saturday adjourned till January 17 the hearing in a defamation case filed by an RSS worker against Congress leader Rahul Gandhi for remarks on the assassination of Mahatma Gandhi, reported PTI.
The case came up for hearing during the day in the court of the Joint Civil Judge (Junior Division) PM Kolse, Gandhi's advocate Narayan Iyer said, reported PTI.
The court deferred the proceedings after noting the need for compliance with procedural requirements related to surety, he said, reported PTI.
Gandhi has been asked to furnish a fresh surety as Shivraj Patil Chakurkar, who was the surety holder in the private defamation case before the Bhiwandi court, passed away on December 12, Iyer said, reported PTI.
Senior Congressman Chakurkar, a former Union home minister and Lok Sabha speaker, died in his native Latur at the age of 90.
"The next date of hearing has been fixed for January 17. Judge Kolse has specifically asked Rahul Gandhi to remain present in person on the next date of hearing and furnish a fresh surety," Iyer informed, reported PTI.
As per RSS worker Rajesh Kunte's defamation plaint, Rahul Gandhi had made false statements that the Rashtriya Swayamsevak Sangh was responsible for the assassination of Gandhiji.
National Herald case: ED moves Delhi HC against trial court order refusing cognisance of charge sheet against Gandhis
The Enforcement Directorate (ED) on Friday approached the Delhi High Court (HC) challenging a trial court order that refused to take cognisance of its prosecution complaint against Congress leaders Sonia Gandhi, Rahul Gandhi and others in the National Herald case, news agency PTI reported. The plea is likely to come up for hearing next week.
The ED has assailed the trial court’s order issued on Wednesday, which held that taking cognisance of the agency’s complaint was “impermissible in law” as it was not based on a first information report (FIR). The court ruled that an investigation and the consequent prosecution complaint under the Prevention of Money Laundering Act (PMLA) are not maintainable in the absence of an FIR for a scheduled offence, PTI reported.
The trial court noted that the ED’s probe stemmed from a private complaint and not from an FIR. It said that as cognisance was being declined on a pure question of law, it was not necessary to examine arguments on the merits of the allegations.
The court further observed that despite a complaint filed by Bharatiya Janata Party (BJP) leader Subramanian Swamy and the summoning order issued in 2014, the Central Bureau of Investigation (CBI) has not registered an FIR in connection with the alleged scheduled offence so far, PTI reported.
“However, the ED went ahead with recording an ECIR relating to money laundering on June 30, 2021, when no FIR (with the CBI or any other law enforcement agency) existed in relation to the scheduled offence,” the court said.
(With inputs from PTI)
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