Senior advocate P P Rao, who appeared for Rahul, sought stay of trial court proceedings by citing the previous order of the Apex Court on pleas of Swamy and Kejriwal.

Initially, some opposition was created by senior advocate M N Krishnamani, appearing for RSS activist, stating that advocates for Rahul were not handing over the copy of writ petition and also the Congress leader has filed an appeal against the Bombay High Court order of March 10 which declined to quash the defamation case filed against him.

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He said that the matter was listed on May 11 and caveat was filed to pre-empt the ex-parte hearing on the SLP filed by Rahul.

However, the bench said it was not much concerned with the issue of filing of caveat as the basic case before it was the challenge to sections 499 and 500 of IPC on which similar petitions will come up for hearing in July.

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The bench noted that there is already a stay on the proceedings in different trial courts in cases of defamation filed against Swamy and Kejriwal. The apex court also said that two senior advocates, TR Andhyarujina and K Parasaran have agreed to assist the court as amicus curiae in the matter.

"We have to be guided by our Constitution and we have to be guided by Article 13( dealing with Laws inconsistent with or in derogation of fundamental rights)of the Constitution," the bench said.

It was alleged by RSS activist Rajesh Kunte, secretary of Bhiwandi unit of RSS, that Rahul told an election rally at Sonale on March 6 that "RSS people killed Gandhiji".

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