Supreme Court quashes case against Rahul Gandhi over Savarkar remarks

The Supreme Court on Friday quashed criminal proceedings against leader of the Opposition in the Lok Sabha Rahul Gandhi over his remarks about Hindutva ideologue V.D. Savarkar, ruling that the prosecution lacked the mandatory sanction of the Uttar Pradesh government.

A bench comprising Justices Dipankar Datta and Sheel Nagu allowed Rahul Gandhi’s petition after being informed that the approval required under law to prosecute him for the alleged offences had not been obtained.

The court consequently set aside the summons issued to the Congress leader by a lower court, bringing the proceedings to an end.

The case arose from comments Rahul Gandhi made during the Congress’s Bharat Jodo Yatra in Maharashtra in 2022. During a public address, he described Savarkar as a “servant of the British” and alleged that the freedom fighter had received a pension from the colonial administration.

Lawyer Nripendra Pandey subsequently filed a complaint alleging that the remarks were defamatory and could promote disharmony.

After examining the complaint, the lower court found a prima facie case and summoned Gandhi under Sections 153A and 505 of the Indian Penal Code, which relate to promoting enmity between groups and statements conducing to public mischief, respectively.

During the Supreme Court proceedings, however, it emerged that the prosecution had not secured the Uttar Pradesh government’s sanction, a statutory requirement for pursuing the alleged offences.

Taking note of the absence of approval, the apex court quashed both the proceedings and the summons against Gandhi.

With IANS inputs