Rahul Gandhi can easily win court battle if goes all-out in war against RSS / Hindutva-forces. By Hem Raj Jain


RaGa was right when said – “had someone from Nehru-Gandhi family been there as PM, the Babri-Masjid wouldn’t have been demolished in 1992”(ii)- RaGa will succeed only when in addition to secularism shows commitment to political integrity too by demanding enquiry into role of politicians in Gandhi-murder case.
The charges against Rahul Gandhi (RaGa) the President of Congress Party (which won independence for India under leadership of Mahatma Gandhi and has ruled for ~ 60 years out of ~ 70 years post-independence) have been framed in criminal defamation case at Bhiwandi Court in Maharashtra. This case was filed by a RSS worker because RaGa allegedly leveled defamatory charges against RSS for being responsible for the murder of the ‘Father of the nation’ Mahatma Gandhi as reported at - https://www.hindustantimes.com/mumbai-news/rss-defamation-case-bhiwandi-court-frames-charge-against-rahul-gandhi/story-KdZ39anuN1iBxujFNXW8iK.html
The RSS and other component of Hindutva forces / Sangh-parivar (BJP, VHP etc) are presently jubilant because they think that RSS was exonerated in court proceedings and commission reports during the regimes of Nehru in forties and Indira Gandhi in sixties hence RaGa will not be able to produce any evidence to implicate RSS in the murder of Mahatma Gandhi and (i)- RaGa will ultimately go to jail and (ii)- This will establish the credential of RSS in the eyes of the people as law-abiding organization.
But this jubilation of Hindutva-forces will turn-out to be misplaced if RaGa contest this case at Bhiwandi Court properly and for this RaGa should do the following:-
(1)- RaGa has already won the first stage of the battle when he succeeded on June, 12 in getting case converted into summon trial from summary trial. Now the legal team of RaGa can easily get this case converted practically into re-trial of Mahatma Gandhi murder case in which RaGa is bound to succeed because there are ample evidence to implicate RSS which earlier either court did not take into consideration or was not properly produced or was not produced at-all by the prosecution in forties just after assassination of Mahatma Gandhi.
(2)- But RaGa will succeed in this case only when he first demolishes the political power (of RSS / Sangh-parivar) acquired in a legally objectionable manner. It is not a secret that from 2 MP in 1984 the BJP (of Hindutva-forces) has come to rule at Center and in many States of India because it has been allowed (so far with impunity) to destroy rule-of-law so blatantly and brazenly in HINDU-MAJORITY India (by demolishing Babri-Masjid in 1992 in presence of observer of Supreme Court which is also criminal contempt for lowering authority of court). To be fair to Sangh-parivar, it could destroy rule-of-law in this manner because Congress and Muslims have not bothered to file a petition in SCI for legally expected restoration of Status-quo-ante of Babri-Masjid.
(3)- RaGa / Congress party should know that non-restoration of Status-quo-ante of Babri-Masjid emboldened communal Hindutva forces which not only resulted in massacre of thousands of innocent Muslims including during 2002 in Gujarat but it also paved the way for BJP (an element of communal Hindutva forces) in power at Centre and in many States of India. Hence if RaGa wants to succeed in this Bhiwandi Court case then RaGa / Congress party should ensure that the petition is filed in SCI for legally expected (even before any judgment in appeal in SCI about title suit) the restoration of Status-quo-ante of Babri Masjid. Also with a prayer that SCI should direct GOI to be ready to requisition UNPKF in case communal Hindutva forces create law & order problem all across the country (If security forces of India can go in other countries for maintaining peace though UNPKF then security forces of other countries can also come in India for maintaining peace through UNPKF).
(4)- In addition to secularism RaGa should show commitment to political integrity too by demanding enquiry into role of politicians in Gandhi-murder case. On January, 20 1948 a crude bomb was exploded at public meeting (Prarthana Sabha) of Gandhiji and the person who hurled this explosive (Madan Lal) was arrested with hand-grenade in his pocket but his 6 accomplices managed to run away from this public meeting. Madan Lal gave name / identity of all these including of Nathuram Godse as editor of Marathi Daily ‘Agrani / Hindu Rashtra’. But the members of the same gang could come to Delhi and kill Gandhiji after 10 days on January 30, 1948. In Court-Case and in Enquiry-Commission the Delhi and Bombay Police kept on accusing each other for this serious lapse on their part but no one questioned the role of politicians [The PM and Home Minister of India and CM and Home Minister of Maharashtra (then Bombay State).
(5)-It is a matter of common sense that with this backdrop (of Madan Lal’s revelations) Hindutva forces (not merely RSS which RaGa is accusing) couldn’t have succeeded in killing Mahatma without paralyzing the offices of these politicians. Especially after one Professor J.C. Jain of Ruia College Bombay repeatedly warned the government of the conspiracy to assassinate Mahatma Gandhi which became known to Jain after Madan Lal confided to him of their plan.
Therefore if Rahul Gandhi (and his Congress party) wants to succeed in said Bhiwandi Court case then before next hearing date of August 10, 2018 he should get the petition filed in Supreme Court for restoration of status-quo-ante of Babri-Masjid and should demand enquiry into role of politicians in Gandhi-murder case. Then and then only he will see that from next hearing date how favorable (due to RaGa / Congress party protecting rule-of-law) becomes the attitude of the Court and how defensive becomes the RSS (and Sangh-parivar).

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