RSS worker’s defamation case against Rahul Gandhi adjourned to January 17

A court in Bhiwandi in Maharashtras 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 PTIThe case came up for hearing during the day in the court of the Joint Civil Judge Junior Division PM Kolse Gandhis advocate Narayan Iyer said reported PTIThe court deferred the proceedings after noting the need for compliance with procedural requirements related to surety he said reported PTIGandhi 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 PTISenior Congressman Chakurkar a former Union home minister and Lok Sabha speaker died in his native Latur at the age of 90The 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 PTIAs per RSS worker Rajesh Kuntes defamation plaint Rahul Gandhi had made false statements that the Rashtriya Swayamsevak Sangh was responsible for the assassination of GandhijiNational Herald case ED moves Delhi HC against trial court order refusing cognisance of charge sheet against GandhisThe 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 weekThe ED has assailed the trial courtrsquos order issued on Wednesday which held that taking cognisance of the agencyrsquos complaint was ldquoimpermissible in lawrdquo 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 reportedThe trial court noted that the EDrsquos 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 allegationsThe 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 reportedldquoHowever 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 offencerdquo the court saidWith inputs from PTI