Savarkar defamation case: Rahul Gandhi skips court hearing citing Parliament session

The case was later transferred to the MP/MLAs court. During the previous hearing, special judge Amol Shinde of MP/MLAs court had ordered that Rahul Gandhi “must personally appear” on December 2.

But Gandhi remained absent and submitted to the court through his lawyer Milind Pawar that he could not appear because of the winter session of Parliament.

Advocate Pawar told the court that being the LoP in Lok Sabha, Rahul’s presence for the parliamentary session is important, therefore asking for an exemption for him from appearing before the court.

Satyaki’s lawyer Sangram Kolhatkar then filed applications seeking a non-bailable warrant against Gandhi and asked the court to take action against the Congress MP as per Indian Penal Code section 174 (Non-attendance in obedience to an order from public servant) for failing to appear before the court.

On October 4, 2024, the court had 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 Rahul did not appear as the summons did not reach him. The court had then again issued a summons asking Rahul to appear on November 18. But again, Gandhi did not come, and advocate Milind Pawar submitted an “appearance pursis” along with an exemption application that he could not appear because of election campaigns in different states in the last two months.

The court granted an exemption and passed an order asking Gandhi to appear on December 2. Advocate Kolhatkar argued that as per the court’s order, it was a “must” for Rahul Gandhi to personally come to the court on Monday. Hence, a non-bailable warrant should be issued and action be taken against him under IPC 174, he argued.

Kolhatkar also submitted news reports claiming Rahul Gandhi has again made defamatory comments against Savarkar.

The court then gave oral instructions to advocate Pawar to convey to Rahul Gandhi that he should avoid making statements about Savarkar as matter is subjudice.

However, the court did not issue any directions in writing in this regard. The court allowed Gandhi’s exemption plea, passing an order granting him time to appear before it till the next hearing on January 10.

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,” Satyaki said.

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.

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.