Savarkar defamation case: Special court in Pune orders Rahul Gandhi to appear personally on December 2

In April last year, Savarkar’s grandnephew Satyaki Savarkar filed a complaint before a magistrate court in Pune against Rahul Gandhi, MP Rae Bareli in Uttar Pradesh, for allegedly making defamatory remarks against Savarkar in London on March 5, 2023.

On September 21, 2024, the case was transferred to the MP/MLAs court. Special judge Amol Shinde of MP/MLAs court had on October 4, 2024 issued a summons to Rahul, stating that, “Whereas your attendance is necessary to answer to a charge of offence punishable under section 500 of Indian Penal Code, you are hereby required to appear in person (or by pleader, as the case may be)” before the magistrate on October 23, 2024.”

But Gandhi did not appear as the summons did not reach him. “The court then again issued a summons asking Rahul Gandhi to appear on November 18. This summons was issued to him by post and it was received by him. We submitted the online track report and post receipts to the court showing that the summons has reached Rahul Gandhi,” said Satyaki lawyer Sangram Kolhatkar.

But Gandhi did not appear before the court today.

Advocate Milind Pawar told the court that he had been instructed by Rahul Gandhi’s office to appear on his behalf.

Pawar submitted an “appearance pursis” along with an exemption application and requested the court to consider it even though he had not filed a vakalatnama representing Rahul Gandhi.

Pawar submitted that summons for Gandhi was received by his office, but being the LoP in Lok Sabha and because of election campaigns in different states in the last two months, Rahul could not appear before court. Pawar assured the court that Rahul Gandhi would remain present for the next hearing.

Advocate Kolhatkar filed an application requesting the court to issue a non-bailable warrant against Rahul Gandhi.

He submitted that Gandhi was convicted in a defamation case by a court in Gujarat last year. After hearing both sides, the MP/MLAs court passed an order directing Rahul Gandhi to personally appear before it on December 2.

The defamatory comments

According to Satyaki, “Rahul Gandhi had in London said that (Vinayak Damodar) Savarkar had written a book in which he stated that he (Savarkar) and five or six of his friends were beating up a Muslim and felt delighted about what was happening. Rahul Gandhi then went on to ask whether this was not a cowardly act… But Savarkar has not written any such book as claimed by Rahul Gandhi, nor has such an incident ever happened.”

In his petition, Satyaki stated, “…He (Gandhi) has intentionally made false, malicious and wild allegations against Vinayak Damodar Savarkar, fully knowing the said allegations to be untrue, with the specific objective of harming the reputation and to defame the surname Savarkar…..”

With his complaint, Satyaki had submitted a few news reports as well as a YouTube link of a video of Gandhi’s speech in London as evidence. Satyaki has demanded a maximum punishment for the accused under IPC section 500 (Punishment for defamation) “Maximum compensation may kindly be imposed upon the accused according to section 357 (Order to pay compensation) of the Code of Criminal Procedure (CrPC),” he stated in the petition.

As per the directions of the court, the Vishrambag police station of Pune city police conducted an inquiry into this matter and submitted a report on May 27, 2024 that Rahul Gandhi has allegedly defamed Vinayak Damodar Savarkar in his speech before the “Indian Diaspora in London” in March 2023.