Savarkar remarks: SC extends stay on trial against Rahul

The court in Lucknow had summoned Gandhi after a complaint by Pandey alleged that Gandhi had called Savarkar “servant of British” who “received a pension from them” in Maharashtra in 2022. Gandhi had challenged the summons before the Allahabad HC, which refused to quash it on April 4, 2024, following which he moved the top court.

Meanwhile, in an affidavit, the Uttar Pradesh government told the top court that it agreed with the complainant’s contention that Gandhi’s “actions were done with intention of spreading hate and enmity within the society.”

The state said, “the summoning order followed thorough reexamination of the case file, statements, and investigation report, all supporting the allegations.”

It also said that the Magistrate had “properly applied judicial mind to facts and evidence, determining a prima facie case under Sections 153-A and 505 IPC.”

The state said that “the allegations, supported by investigation, indicate deliberate spreading of hatred through pre-planned actions, falling within the alleged offences”. It said the HC order is “justified and legal” and interference by the SC “is… not warranted.” The state urged the top court to dismiss Gandhi’s plea.

Hearing the matter on April 25, Justice Datta had taken a stern exception to Gandhi’s comments. “Does your client know Mahatma Gandhi also used ‘your faithful servant’ while addressing the Viceroy? Does your client know that his grandmother, when she was the Prime Minister, also sent a letter praising the gentleman (Savarkar). You don’t treat freedom fighters like this when you know the history. Why do you comment like this?” Justice Datta had told Senior Advocate A M Singhvi who appeared for Gandhi.

“Let him not make irresponsible statements about the freedom fighters. Is this the way you treat freedom fighters?” Justice Datta had said, to which Singhvi said the senior Congress leader had no intention of creating animosity.

“He is a political leader of a political party… You go to Maharashtra and make a statement… He (Savarkar) is worshipped there. Don’t do this,” the judge had said.