
New Delhi: Senior Advocate Mahesh Jethmalani has hit back at Karnataka Minister Priyank Kharge, clarifying the legal position regarding a letter written by Kharge to RSS Chief Mohan Bhagwat concerning the organization’s registration and funding. Jethmalani termed Kharge’s demand not as a constitutional inquiry, but as the arrogance of dynastic politics and a political provocation.
…………..
Jethmalani clarified that in a democratic country like India, citizens have the right to form voluntary organizations. The RSS is an independent organization that does not require any certificate from a minister or a ‘political permission slip’ from a Congress leader to exist.
……..
Regarding the dispute over funding and taxes, the senior lawyer cited the historic judgment of the Patna High Court in the case of Commissioner of Income Tax vs. Rashtriya Swayamsevak Sangh. He clarified that the court has already declared the voluntary ‘Guru Dakshina’ given by volunteers as tax-free under the principle of mutuality.
……….
Referring to Lord Denning’s principle, Jethmalani stated that no matter how high the position, the law always remains supreme. He quipped that while the RSS has been serving the nation for 100 years in the Indian sun with complete transparency, Congress leaders feel comfortable in the shadows of foreign entities, including secret agreements with the Chinese Communist Party. Kharge’s letter is an example of legal ignorance and political malice.