NEW DELHI, APRIL 16: A city court today found prima facie evidence against former Congress president Sitaram Kesri in a defamation case filed by Rashtriya Swayamsevak Sangh (RSS) and summoned him to appear before the court on May 4.Chief metropolitan magistrate Prem Kumar while taking cognisance of a criminal defamation complaint filed by Delhi unit president of RSS against Kesri for his statement that ``RSS hands could be possible behind the blasts'', also issued summons to the publisher of The Times of India and Navbharat Times for publishing the remarks.
``Prima facie it appears that Kesri intended or knew or had reasons to believe that the imputations made by him would harm the reputation of RSS and its members/office bearers,'' the CMM observed in his 37-page order.
``The imputations even smears their reputation. Prima facie there is a case against Kesri under Section 500 (defamation) of Indian Penal Code,'' the CMM ruled. He said the newspapers publisher was also liable under thesame section.
Kesri, in a widely covered press conference alleged that he suspected RSS hand in the serial blasts in Coimbatore on February 14 which claimed over 60 lives.
Delhi unit RSS president Satya Narayan Bansal in his complaint filed on February 16 accused the former Congress president of making the remarks ``with deliberate intention'' to tarnish his organisation's image and also named the publishers and editors of the two newspapers as co-accused.RSS counsel Rajesh Gogna, however argued that the publishers and editors of the two newspapers were named to meet certain technicalities and his client had nothing against them.
However, the CMM summoned the publisher for publishing Kesri's remarks saying the imputations once published would amount to defamation. ``The allegations were not an outburst in any fit of anger or emotion but were seriously meant to show Kesri's belief,'' the CMM said adding Kesri on February 20 affirmed what he had said and described RSS a ``fascist'' organisation.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.