New Delhi: The Supreme Court on Tuesday asked Congress vice president Rahul Gandhi to either apologise or face trial for his defamatory remarks against the Rashtriya Swayamsevak Sangh.
"If you won't apologise, you will have to face trial," the court said pulling up the Congress leader for his remarks.
"We have held it may be historically correct but the fact or the statement has to meet the test of public good. You can't make collective denunciation," a Bench comprising Justices Dipak Misra and RF Nariman said.
The Bench said that "freedom is not crippled or curbed. What is curbed is freedom of speech. What the writers, politicians, critics or antagonists say, you must have great magnitude to swallow".
The bench questioned the speech made by Rahul and wondered "why he made a speech quoting wrong historical fact".
The apex court said that they have applied their mind and Rahul will have to face the trial in the case.
"What we have to see is the petitioner's allegations come under Section 499 (defamation) of IPC or not. Judgement is already there. You have to face trial, if you don't express regret," the Bench said.
It also said "the purpose of law is not to convert people into litigants. Purpose of law is that people obey law. Peace and harmony should prevail rather than chaos."
Senior advocate Harin Raval, appearing for Rahul, said whatever was said in the speech was on the basis of government records and on the basis of decision of Punjab and Haryana High Court and he was not referring to RSS directly.
The Bench after perusing the judgement of Punjab and Haryana High Court, said it only says that Nathuram Godse was an RSS worker and added that Godse killed Gandhi and RSS killed Mahatma Gandhi are two different things.
"You have gone a way ahead and you can't make collective denunciation," it said.
Justice Misra said that "history is the greatest enemy of privacy. Over the years, attempts have been made to enter into the lives of historically eminent personalities to give a new dimension."
Raval then sought an adjournment for two weeks saying senior advocate Kapil Sibal will argue in the matter and he is not available today and also sought a liberty to file rejoinder.
The bench, however, refused the request for adjournment and posted the matter for July 27 and said that no further adjournment will be granted in the case.
While addressing a public rally at Sonale in Bhiwandi on March 6, 2015 Rahul had alleged it was "RSS people" who had killed Mahatma Gandhi.
"RSS people killed Gandhiji and today their people (BJP) talk of him...They opposed Sardar Patel and Gandhiji," he had said.
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