SC pulls up LoP Rahul Gandhi for ‘irresponsible’ Savarkar jibe, stays summons

The Supreme Court, on Friday, censured Congress leader Rahul Gandhi for "irresponsible" remarks on Vinayak Damodar Savarkar at a rally in Maharashtra but stayed the criminal proceedings against him. A bench of Justices Dipankar Datta and Manmohan said, "Let's not mock our freedom fighters." The bench further asked senior advocate Abhishek Singhvi, appearing for Gandhi, whether he knew that even Mahatma Gandhi used words such as "your faithful servant" in his communications to the Britishers.

When Singhvi argued charges of promoting enmity and public mischief were not made out against Gandhi, the bench remarked, "You are most obedient...does your client know that Mahatma Gandhi also used 'your faithful servant' while addressing the viceroy? Can Mahatma Gandhi be called a 'servant of the Britishers' merely because he addressed himself to the viceroy as 'your servant'? In those days, even I have seen, our judges of the Calcutta High Court used to address the Chief Justice as writing 'your servant'." 

Justice Datta added, "Does your client know that his grandmother (Indira Gandhi), when she was the Prime Minister, also sent a letter praising this very gentleman (Savarkar)?" The judge went on, "So, let's not make irresponsible statements about freedom fighters. You have made a good point on the law, you are entitled to stay. We are not saying anything about that." 

"Any further statement by him (Gandhi) will be taken up suo motu. No more words on our freedom fighters….They have given us freedom, and we treat them like this? This is not the way," the bench warned.

The top court then issued notice to the Uttar Pradesh government and complainant advocate Nripendra Pandey and stayed an Allahabad High Court order which refused to quash the trial court's summons against Gandhi.

Singhvi urged the court not to make any comments and said Gandhi did not intend to create enmity between the groups.

The bench retorted, "This is not how you treat freedom fighters…when you don't know anything about the history of India, you should not make any such comments." 

Justice Datta further said, "He is a leader of a political party, and why would you make a comment like this…you go to Maharashtra, he (Savarkar) is worshipped there. Don't do this." Singhvi said the message was loud and clear.

The top court, however, stayed the criminal proceedings against Gandhi in the case lodged in Uttar Pradesh. Gandhi moved the apex court against an order of the high court.

A case under various provisions for alleged offences such as promoting enmity between classes and public mischief, was lodged against him by Pandey. The case stems from the Congress leader's comments on Savarkar made on November 17, 2022, during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.

The Lucknow bench of the high court on April 4 said that Gandhi can file a revision petition before the sessions court, making the high court's intervention unnecessary at this stage. Before the high court, Gandhi had challenged a trial court's decision to summon him in the case, while contesting the ongoing proceedings against him.

The complainant has accused Gandhi of intentionally insulting Savarkar during the rally and said his remarks were part of a "well-planned conspiracy" to defame Savarkar.

(Except for the headline, this story has not been edited by DNA staff and is published from PTI)

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