The Supreme Court on Tuesday indicated that Congress Vice President Rahul Gandhi would have to face trial in a defamation case filed by an RSS activist for allegedly accusing the organisation for assassination of Mahatma Gandhi.
"You can't make collective denunciation of an organisation," an apex court bench headed by Justice Dipak Misra said, adding that the case may be decided on merits whether Rahul Gandhi's charge was for public good or not.
The Congress Vice President has so far maintained that his statement blaming the RSS was based on the judgement of a high court and on the basis of certain documents.
The court observed that the statement was arguably made on the basis of a high court judgement but the case must be decided on merits.
RSS activist Rajesh Kunte had filed the defamation suit in a Maharashtra court against Gandhi. The Congress Vice President then moved the Supreme Court for quashing of the defamation proceedings.
Hearing Gandhi's plea, the apex court told Kunte that the purpose of the defamation law was not to promote litigation.
Adjourning the matter till July 27, the Supreme Court asked the Congress Vice President to detail his arguments.
Senior counsel Kapil Sibal will appear for Rahul Gandhi in the case.