Maharashtra court rejects Rahul Gandhi’s application seeking transfer of suit filed by RSS volunteer

A Maharashtra court has turned down Congress leader Rahul Gandhi's application to transfer a Re 1 defamation suit filed by an RSS volunteer.

Thane Principal District Judge AJ Mantri has turned down an application by Congress leader Rahul Gandhi who sought the transfer of a suit filed against him by a Rashtriya Swayamsevak Sangh (RSS) volunteer.

RSS volunteer Vivek Champanerkar had filed a civil defamation suit through his lawyer Aditya Mishra, contending that RSS is a social organisation and is being defamed by comments made by Rahul Gandhi and the general secretary of the Communist Party of India Sitaram Yechury. Champanerkar alleged that Gandhi and Yechury were linking RSS with the murder of journalist Gauri Lankesh.

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Judge Mantri said, "I do not find any substance in the contention of the applicant to transfer the matter from the Civil Judge of Senior Division (CJSD) court to the Civil Judge of Junior Division (CJJD) Court on the ground of pecuniary jurisdiction."

Gandhi had filed the application in the Maharashtra court seeking transfer of the suit from CJSD Court to CJJD Court on the ground that the valuation of the suit is less than Rs 5 lakh. Hence, the CJJD Court has jurisdiction to try and entertain the suit. Champanerkar in his civil defamation suit had sought damages worth Re 1.

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Mishra, on the other hand, resisted the application on the ground that “it was up to the administration of the court and matter of assignment as to the trial of cases either before CJSD Court or CJJD Court”. Mishra had, thus, prayed for rejection of Gandhi's application.