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Synopsis

The Supreme Court on Thursday issued notice and stayed the operation of the Allahabad High Court’s order refusing to quash the summons issued to Congress leader Rahul Gandhi in a defamation case concerning his remarks against freedom fighter Vinayak Damodar Savarkar.

The Bench of Justice Dipankar Datta and Justice Manmohan pulled up Gandhi for his alleged remarks, cautioning against making irresponsible statements about those who fought for India’s independence.

“He is a political leader of a political party. Why should he make such a statement? Don’t do this...,” Justice Datta remarked, addressing Senior Advocate Abhishek Manu Singhvi, who appeared for Gandhi.

Justice Datta further queried, “Does your client know that even Mahatma Gandhi used the phrase ‘your faithful servant’? Is he aware that his own grandmother wrote a respectful letter praising the freedom fighter? Let him not make sweeping remarks without understanding the history and legacy of our freedom fighters.”

Referring to the language often found in historical correspondence, Justice Datta noted, “Even I have seen Chief Justices of High Courts use such expressions. By that logic, would you call Mahatma Gandhi a servant of the British?”

“You have a strong case on law, and you will get a stay. But if there are any further irresponsible statements from him, the Court will be compelled to take up the matter suo motu,” Justice Datta warned.

Emphasizing the gravity of the issue, the Bench made it clear, “No disparaging remarks about our freedom fighters. They gave us our independence. Is this how we choose to treat them?”

With this, the Court ordered, “Issue notice. The impugned order is stayed.”

Backgroud

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 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.

Importantly, a Lucknow court on March 5, 2025, imposed a fine of Rs 200 on Gandhi for failing to appear in the defamation case.

The Court had also directed him to be present at the next hearing on April 14, warning of strict legal consequences, including a non-bailable warrant, if he failed to comply. 

Cause Title: Rahul Gandhi v. State of Uttar Pradesh