New Delhi: In a mixed outcome for Congress leader Rahul Gandhi, the Supreme Court on Friday stayed an Allahabad High Court order that had refused to quash a summons issued to him in a criminal defamation case over his controversial remarks against freedom fighter Vinayak Damodar Savarkar. However, the court also delivered a stern rebuke, calling Gandhi’s comments “irresponsible” and warning of consequences if repeated.
A bench comprising Justices Dipankar Datta and Manmohan issued notice on Gandhi’s plea and granted an interim stay on the High Court’s April 4 decision. The case pertains to Gandhi’s alleged statement during the Bharat Jodo Yatra in Akola, Maharashtra, on November 17, 2022, where he reportedly called Savarkar “a British servant who received a pension.”
But while granting relief, the bench minced no words in censuring Gandhi. “Let us not mock our freedom fighters,” the judges said, urging the Congress MP to exercise restraint. “You have a good point on law, but comments like this are unwarranted,” they added.
Appearing for Gandhi, senior advocate Abhishek Manu Singhvi was grilled by the bench over whether Gandhi was aware that his grandmother, former Prime Minister Indira Gandhi, had once praised Savarkar in a letter. The court also pointed out that even Mahatma Gandhi had signed letters to the British as “your faithful servant,” arguing that historical context must not be misinterpreted.
The justices further warned that any future comments of a similar nature would be taken up suo motu. “They gave us freedom, and we treat them like this?” the bench asked, visibly displeased.
The location of the speech also drew the court’s attention. “He made the statement in Akola—where Savarkar is worshipped. This matters,” the bench observed, asking for an assurance that such remarks will not be repeated.
The summons against Gandhi had been issued by a Lucknow magistrate court following a complaint by Advocate Nripendra Pandey, who accused Gandhi of deliberately insulting Savarkar as part of a “well-planned conspiracy.” The magistrate noted that the comments had the potential to spread hatred and ill-will in society.
Gandhi challenged the summons before the Allahabad High Court, which rejected his plea earlier this month, directing him to seek revision before the sessions court under Section 397 of the CrPC.
Gandhi currently faces charges under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code. The matter will now be heard further in the Supreme Court.
