Supreme Court Quashes Defamation Case Against Rahul Gandhi Over Savarkar Remarks, Says 'Sanction Is Required'

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