Rahul Gandhi can easily win court battle if goes all-out in war against RSS / Sangh-parivar

Sub:- RaGa was right when he said – “had someone from Nehru-Gandhi family been there as PM, the Babri-Masjid wouldn’t have been demolished in 1992”.

---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 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)- 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)- 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.

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 then he will see that from next hearing date how favorable (due to RaGa / Congress part protecting rule-of-law) becomes the attitude of the Court and how defensive becomes the RSS (and Sangh-parivar).

Regards

Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Shakopee, Minnesota, USA

Presently at: Bengaluru, Karnataka, India.