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Court refuses to dismiss case against Congress’ Digvijaya Singh for post about former RSS chief
A civil court in Maharashtra's Thane refused to dismiss a defamation complaint against Congress leader Digvijaya Singh for a social media post about former Rashtriya Swayamsevak Sangh chief MS Golwalkar, Bar and Bench reported on Thursday.
In July 2023, Singh posted on social media a photo of a page carrying several comments attributed to Golwalkar. In one of the comments, the former RSS chief was quoted as allegedly saying that he would rather accept British slavery than have equal rights given to Dalits, backward classes and Muslims.
It has been claimed in a separate matter that Golwalkar had never made the comment.
Following the post, a RSS member in Thane filed a suit against Singh seeking an injunction from making statements against the Hindutva organisation, Live Law reported.
The petitioner also demanded Re 1 compensation for the damages done by Singh's social media post.
Consequently, Singh moved the court seeking quashing of the suit, arguing that it was not maintainable in law, Bar and Bench reported.
Singh claimed that the person who filed the case had no legal right to do so, since the RSS is not a registered body or a “legal person” that can sue or be sued. He also questioned how an individual member could seek damages on behalf of the organisation or on behalf of Golwalkar.
The RSS is the parent organisation of the ruling Bharatiya Janata Party.
Singh argued that the suit did not disclose any valid cause of action and that the court lacked the jurisdiction to hear it.
In response, the petitioner contended the criminal defamation law states that any “identifiable body” can be defamed, and any offended member can launch legal action, Bar and Bench reported.
He said the post raised serious issues that could be decided on only after the evidence was recorded and not at the stage of the petition being rejected altogether.
The court agreed with the petitioner's contention and refused to dismiss the suit.
It also observed that the petitioner has the capacity to file the suit as a member of the RSS.
Source: Scroll
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