Remarks against Savarkar: SC extends stay on trial in case against Rahul Gandhi in UP
Senior advocate Garima Prasad, appearing for UP govt, apprises the court that a reply to the plea has been filed by the state
The Supreme Court on Friday, 25 July, extended the stay on the criminal proceedings against senior Congress leader Rahul Gandhi in a criminal case lodged in Uttar Pradesh for his comments against Vinayak Damodar Savarkar in 2022.
A bench comprising justices Dipankra Datta and Augustine George Masih took note of the fact that a letter for adjournment was circulated in the case filed by Gandhi and decided to hear it after four weeks.
Senior advocate Garima Prasad, appearing for the Uttar Pradesh government, apprised the court that a reply to the plea has been filed by the state.
The state government has opposed the plea of Rahul Gandhi and sought its dismissal saying it agreed with “the contention of complainant advocate Nripendra Pandey that Rahul Gandhi’s actions were done with intention of spreading hate and enmity within the society.”
It said the order passed by the Allahabad High Court, rejecting Gandhi’s plea, was “justified and legal” and interference from the top court was “warranted”.
The bench also permitted complainant Pandey, who had fled the case against the Congress leader, to file his reply during the day.
It said Rahul Gandhi can file his rejoinder to the replies filed by the state government and others in two weeks.
Earlier, the top court on 25 April had pulled up Gandhi for his "irresponsible" remarks on Savarkar, saying "let's not mock our freedom fighters".
The bench, however, stayed the criminal proceedings against Gandhi in the case lodged in Uttar Pradesh for his remarks. Rahul Gandhi moved the apex court challenging an order of the Allahabad High Court, which refused to quash summons issued against him in the case.
A case under various penal provisions for alleged offences like 'promoting enmity between classes' and 'public mischief' was lodged against Gandhi by Pandey, a lawyer by profession.
The case stems from the Congress leader's comments on Savarkar made on 17 November 2022, during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.