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Rape allegation against me
mudslinging: Rahul Gandhi
Monday September 24, 2012 11:38:47 PM,
IANS
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Related Article |
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 Akhilesh behind 2011 'rape' case against
Rahul, SC told
A lawyer Monday told the Supreme Court that a 2011 rape and
wrongful confinement case against Congress leader Rahul Gandhi in
Allahabad High Court was filed at the instance of Akhilesh Yadav,
the current Uttar Pradesh chief minister.
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New Delhi: Congress MP Rahul Gandhi Monday told the Supreme Court that the allegations
against him that he wrongfully confined and raped a woman in his
Amethi Lok Sabha constituency were an act of "sinister political
mudslinging".
"It is a clear case of sinister political mudslinging against a
promising young leader of the country," senior counsel P.P. Rao,
appearing for Gandhi, told the apex court bench of Justice B.S.
Chauhan and Justice Swatanter Kumar.
The court was hearing a petition by Kishore Smrite who made
allegations, based on a website report, that on Dec 3, 2006, while
on a tour of his constituency in Uttar Pradesh, Gandhi along with
his six friends committed rape of a woman and detained her
illegally.
The Allahabad High Court earlier dismissed Smrite's petition,
ordered a Central Bureau of Investigation probe against him and
imposed a cost of Rs.50 lakh.
Contesting the maintainability of Smrite's plea against the high
court order, Rao told the judges that no petition could lie
against the high court order unless the alleged aggrieved parties
- the woman and her parents - too were the petitioners before the
apex court.
Smrite contended that a division bench of the high court could not
have called the matter pending before the single judge and passed
an order behind his back without issuing notice to him and giving
him an opportunity of being heard.
The division bench verdict was delivered on a petition by Amethi
resident Gajinder Pal Singh.
Appearing for the Uttar Pradesh government, senior counsel Rakesh
Dwivedi told the court that Smrite, while filing the petition
before the high court in 2011, concealed the fact that a habeas
corpus petition seeking the presentation of the alleged rape
victim and her parents that was filed by a local lawyer in 2009
was dismissed.
Dwivedi told the court that Smrite gave the address of the victim
which upon inquiry by police was found to be "factitious and
non-existent."
However, counsel for Uttar Pradesh agreed with the court that the
division bench could not have called the petition pending before
another judge and, even if it did so, Smrite should have been
given a notice and an opportunity to be heard.
In another query, the apex court asked Dwivedi if the high court
could impose such a huge cost. "How can you explain the kind of
cost? Even if it is to be exemplary, can you impose a cost which
is beyond the paying capacity," asked the court.
Appearing for Gajender Pal Singh, senior counsel K.T.S. Tulsi told
the court that Smrite went before the court with "unclean hands"
and admitted to committing the "offence against the legal system".
Additional Solicitor General Harin Raval told the apex court that
Smrite's allegations are false and his litigation was funded by
others.
Raval told the court that he received money in cash which he
deposited in his bank account to pay his lawyers through cheques.
ASG Raval told the court that all the three websites that carried
the alleged report on Gandhi were located outside the country. The
apex court had stayed the operation of the high court order in
April.
The hearing would continue Tuesday.
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