Remarks on Veer Savarkar: Supreme Court extends stay on criminal case against Rahul Gandhi

Remarks on Veer Savarkar: Supreme Court extends stay on criminal case against Rahul Gandhi
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Rahul Gandhi is accused of calling Veer Savarkar a “British servant” during 2022 press meet; Uttar Pradesh government claims remarks aimed at spreading hatred and disturbing public harmony

The Supreme Court on Friday extended the stay on criminal proceedings against Congress leader Rahul Gandhi in a 2022 defamation case linked to his remarks against Vinayak Damodar Savarkar.

The Bench of Justice Dipankar Datta and Justice Augustine George Masih adjourned the matter by four weeks after noting that a letter of adjournment had been circulated by Gandhi.

The Court allowed the complainant, Advocate Nripendra Pandey, to file his reply the same day and permitted Gandhi to file a rejoinder within two weeks.

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.

Pertinently, on April 4, the Allahabad High Court had refused to interfere in the defamation proceedings against Congress leader Rahul Gandhi over his remarks on Vinayak Damodar Savarkar. The Bench had remarked that Gandhi had an alternative remedy of criminal revision under Section 397/399 of the CrPC and could approach the Sessions Judge for relief. In view of this, the Court had disposed of his plea. Gandhi had challenged the December 2023 summoning order issued by the trial court.
Notably, a Sessions Court revived the complaint against him which was initially dismissed in June 2023, but the Sessions Court allowed the revision plea filed by Pandey, leading to Gandhi's summoning.
The defamation case stems from allegations that Gandhi, during a press conference in Maharashtra in 2022, stated that Savarkar was a “servant of the British” and received a pension from them.

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.

Importantly, a Lucknow court on March 5, 2025, imposed a fine of Rs 200 on Gandhi for failing to appear in the defamation case.
Cause Title: Rahul Gandhi v. State of Uttar Pradesh
Hearing Date: July 25, 2025
Bench: Justice Dipankar Datta and Justice AG Masih


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