Supreme Court Quashes Defamation Case Against Rahul Gandhi Over Savarkar Remarks, Says 'Sanction Is Required'
Supreme Court held that the defamation proceedings could not continue without the requisite sanction from the Uttar Pradesh government
Supreme Court quashed the criminal defamation proceedings and Magistrate's summoning order against Rahul Gandhi over his remarks on VD Savarkar
The Supreme Court on Friday quashed a criminal defamation complaint and the consequential summoning order against Leader of Opposition Rahul Gandhi over his remarks concerning VD Savarkar, holding that the proceedings could not continue in the absence of the requisite sanction from the Uttar Pradesh government.
The Bench of Justice Dipankar Datta and Justice Sheel Nagu considered the challenge to the proceedings arising from the complaint and the Magistrate's order.
During the hearing, Justice Datta asked the counsel appearing for the complainant to clarify his status in the private complaint matter.
The counsel submitted that the requisite sanction had not been granted and sought quashing of the Magistrate's order and remand of the matter for fresh consideration.
The Bench then questioned whether sanction was legally required. “Sanction is required. Who says if the sanction is required?”
Counsel submitted, “Sanction is required, My Lords. Sanction is not there.”
The Court responded: “That’s the end of the matter.”
The Bench thereafter examined the affidavit filed by the Uttar Pradesh government and noted that it contained no disclosure that the requisite sanction had been granted.
In view of the absence of sanction, the Supreme Court held that the criminal proceedings could not be sustained.
The Bench accordingly quashed the impugned proceedings as well as the Magistrate's summoning order against Rahul Gandhi.
The case had arisen from allegations concerning remarks made by Gandhi about Vinayak Damodar Savarkar.
Background
The Uttar Pradesh government has opposed Rahul Gandhi’s plea in the Supreme Court asserting that the allegations reveal a "pre-planned" attempt to spread hatred and enmity.
In an affidavit filed in response to a notice issued by the Supreme Court on April 24, the State has supported the April 4, 2025 decision of the Allahabad High Court declining to quash the summons issued against Gandhi.
The UP government, in its affidavit backed complainant Advocate Nripendra Pandey’s contention that Gandhi’s remarks were intended to promote enmity among various groups and disturb public harmony.
“The petitioner made statements calling Vinayak Damodar Savarkar a British prisoner and British servant with intent to spread animosity and hatred. Pre-printed leaflets were distributes to the media, indicating deliberate defamation,” the affidavit states.
It is to be noted that on April 25, the Apex Court had issued notice and stayed the operation of the High Court order. The Bench had pulled up Gandhi for his alleged remarks, cautioning against making irresponsible statements about those who fought for India’s independence.
In a related news, a Nashik court on Thursday (July 24) granted bail to Rahul Gandhi, in a defamation case linked to his remarks about Hindutva ideologue VD Savarkar made during the Bharat Jodo Yatra in 2022.