Journalism of Courage
Supreme Court quashes defamation case against Rahul Gandhi over Savarkar remarks
The Supreme Court quashed the criminal defamation case and summons against Rahul Gandhi for his remarks on V D Savarkar, noting that the UP government had not granted the sanction to prosecute him.
The Supreme Court had earlier cautioned Rahul Gandhi that it would initiate suo motu proceedings against him if he repeated such statements against freedom fighters.
The Supreme Court on Friday quashed a criminal defamation case and summons issued by a Lucknow magistrate against Congress leader Rahul Gandhi over his remarks on Hindutva ideologue V D Savarkar, noting that the Uttar Pradesh government had not granted the sanction required to prosecute him.
“In the affidavit filed by respondent state of Uttar Pradesh, there is no disclosure of sanction having been granted to prosecute the accused/appellant. In such view of the matter, the complaint and the order passed by the magistrate stand quashed,” a bench of Justices Dipankar Datta and Sheel Nagu ordered.
The Lucknow court had summoned Gandhi following a private complaint by advocate Nripendra Pandey, who alleged that in 2022, in Maharashtra, the Congress leader had called Savarkar a “servant of British” who “received a pension from them”. Though Gandhi challenged this before the Allahabad High Court, the high court rejected his plea on April 4, 2024, following which he moved the Supreme Court.
Hearing his appeal on April 25, the court has taken stern exception to his comments. A bench of Justices Dipankar Datta and Manmohan told Gandhi, “You don’t treat freedom fighters like this…” and cautioned that it would initiate suo motu proceedings against him if he repeated such statements.
“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.
The judge also asked him not to make such statements in future. “Let him not make irresponsible statements about the freedom fighters. Is this the way you treat freedom fighters?” The court had stayed the proceedings, saying he had a “good case on law” on the point of sanction
Taking it up Friday, Justice Datta asked the counsel for the state, “Where is the sanction?…you have to follow the law.”
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The counsel appearing for the complainant agreed that sanction is required. “There is no sanction. Therefore, I would request your lordships that the order passed by the magistrate be set aside and the matter be remanded back for consideration afresh,” the counsel urged.
But Justice Datta said, “Sanction is required, sanction is not there. That’s the end of the matter.”
© The Indian Express Pvt Ltd
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