SC raps Rahul Gandhi over his remarks against freedom fighter Savarkar, warns suo motu action

The Supreme Court on Friday stayed a trial court's order issuing summons to Congress leader and Leader of Opposition in Lok Sabha, Rahul Gandhi, for his controversial remarks against Vinayak Damodar Savarkar but warned the politician to refrain from making derogatory remarks against the freedom fighter.

 

A bench of Justices Dipankar Datta and Manmohan warned Rahul Gandhi that he would face consequences if he made such remarks in future and reminded him that Savarkar is worshipped in Maharashtra.

 

During a brief hearing, senior advocate Abhishek Manu Singhvi, appearing for Rahul Gandhi, tried to explain the case before the judges but the bench said, “We won’t allow anyone to comment on freedom fighters.”

 

Warning Rahul Gandhi for stern action, the bench said, “His statements against the freedom fighter were irresponsible and that the Court will initiate suo motu action if he makes similar statements in future.”

 

The bench though stayed the summons issued to Gandhi by a magistrate court in Lucknow in a criminal case initiated against him for the controversial statements against Savarkar.

 

"You have a good point on law and you will get a stay. But, any further statement by him will be taken up suo motu. No words on our freedom fighters. They gave us freedom and we treat them like this? Issue notice. Stay on impugned order," the Court directed.

 

The Bench reminded Singhvi as to how Gandhi's grandmother and former prime minister Indira Gandhi had written to Savarkar praising him.

 

"Does he (know) that even Mahatma Gandhi used the words 'your faithful servant'. Does he know his grandmother also sent a letter to the freedom fighter praising him? Let him not make irresponsible statements about freedom fighters. You cannot make such statements without knowing the history or geography of freedom fighters," the Court observed.

 

When Singhvi tried to intervene, Justice Dipankar said, "He (Rahul Gandhi) is a person of stature. He is a political leader of a political party. Why should you foment trouble like this? You go to Akola and make this statement, in Maharashtra, where he (Savarkar) is worshipped? Don't do this. Why do you make this statement?" 

 

Justice Datta further said that even the judges of the Calcutta High Court used to address the Chief Justice as "Your servant" during the British times. "Someone does not become a servant like this. Next time, somebody will say Mahatma Gandhi was the servant of the British. You are encouraging these kind of statements," Justice Datta said.

 

The top court was hearing a petition challenging an order by the Allahabad High Court, which had declined to quash a summons issued to Gandhi over remarks he made against Savarkar.

 

High Court had refused to entertain Gandhi's plea, noting that he could instead file a revision petition under Section 397 of the Code of Criminal Procedure before the sessions judge, rather than approaching the High Court directly. The summons was issued by a magistrate court in Lucknow on December 12, 2024.

 

Gandhi is facing charges under Sections 153A (promoting enmity between groups) and 505 (statements conducing to public mischief) of the Indian Penal Code. The case stems from a complaint filed by advocate Nripendra Pandey.

 

Pandey had originally approached the Additional Chief Judicial Magistrate (ACJM), seeking the registration of an FIR against Gandhi for remarks made during the Bharat Jodo Yatra on November 17, 2022. Gandhi had allegedly referred to Savarkar as a British collaborator and claimed that Savarkar received pension from the British government.

 

Pandey contended that these remarks were intended to incite societal hatred and also pointed out that Mahatma Gandhi had previously described Savarkar as a patriot.

India