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Synopsis

A sessions court in Lucknow, Uttar Pradesh, has issued notice to Congress leader Rahul Gandhi in a complaint concerning derogatory remarks made by him against VD Savarkar during his Bharat Jodo rally in Maharashtra last year.

The order was passed by District and Sessions Judge Ashwini Kumar Tripathi in a criminal revision plea filed by advocate Nripendra Pandey.

Last year, Pandey had approached the court of Additional Chief Judicial Magistrate (ACJM) by filing an application that essentially sought registration of an FIR against Gandhi and others. However, at that stage, the judge found the case fit for registering the complaint and examining the complainant and his witnesses.

Later, on June 14, 2023, the ACJM court dismissed Pandey's complaint against which he filed a revision plea before the Sessions Court. 

Sessions Court held that in the revision plea, both legal and factual issues were involved, therefore, it deserved to be admitted. 

While posting the matter for hearing on November 1, 2023, the Sessions Court transferred the case to the Additional Sessions Judge/MP-MLA court in Lucknow for hearing and disposal. 

In his application before the ACJM court, Pandey had stated that on 17 November, when he was watching the news on television, he heard Gandhi saying that Savarkar who received a pension from the Britishers was their servant.

He had alleged that Gandhi said so about Savarkar, who is considered a great revolutionary of nationalist ideology, under deliberate strategy and conspiracy.

He had countered Gandhi's allegation stating: "Krantiveer Damodar Savarkar, the great hero of nationalist ideology, was an immortal hero in the history of independence, a fearless freedom fighter who endured the inhuman atrocities of the British to liberate Mother India from the slavery of the British". 

He had alleged that Gandhi made the derogatory accusations etc. against Savarkar to insult and spread feelings of inferiority towards him.

Moreover, Pandey had stated that although he complained about this matter to the head of Hazratganj Police Station and other senior officials, but no action was taken. 

Case Title: Nripendra Pandey v. Rahul Gandhi and Others