Pune Court Summons Rahul Gandhi in Defamation Case Over Comments on Veer Savarkar; Supreme Court Warns Him Against Irresponsible Statements

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Speaking about Rahul Gandhi’s comments, the Supreme Court said, “Let him not make any statement on freedom fighters without knowing any history or geography,”.

Pune: A Pune court has summoned Congress leader and Leader of Opposition in the Lok Sabha, Rahul Gandhi, in a defamation case related to his remarks about Veer Savarkar, according to reports.

The case has been filed by a relative of Savarkar, concerning a statement Rahul Gandhi made during his visit to London. He has been asked to appear before the Pune court on May 9, 2025.

This development comes just one day after the Supreme Court criticised Rahul Gandhi for making controversial comments.

Veer Savarkar, a prominent Hindutva thinker, is a respected figure among the ruling Bharatiya Janata Party (BJP) at the Centre.

Earlier this month, Judicial Magistrate Amol Shriram Shinde granted Rahul Gandhi’s application to shift the proceedings from a summary trial to a summons trial, allowing the defense to introduce historical and documentary evidence—privileges generally unavailable in a summary trial.

The court accepted the request after Gandhi argued that his remarks were rooted in historical facts.

Meanwhile, Satyaki Savarkar has sought the maximum sentence against Gandhi under Section 500 of the Indian Penal Code (IPC) for criminal defamation, along with the highest possible compensation under Section 357 of the Criminal Procedure Code (CrPC).

The court has now instructed Gandhi to appear at the next hearing to formally record his pleadings.

Advocate Milind Pawar represented Gandhi, while Advocate Sangram Kolhatkar appeared for Savarkar.

During the hearing, the Apex Court pointed out that even Mahatma Gandhi had respected Savarkar, and former Prime Minister Indira Gandhi had written to him. The court showed its displeasure with Rahul Gandhi’s remarks and warned him about possible strict action.

The court said it could take ‘suo motu’ action (meaning action taken on its own) while hearing a separate case where a Lucknow court had earlier summoned Rahul Gandhi regarding the same remarks against Savarkar. The top court stayed the Lucknow court summons but issued a serious warning.

Speaking about Rahul Gandhi’s comments, the Supreme Court said, “Let him not make any statement on freedom fighters without knowing any history or geography,”.

The matter was heard by a Supreme Court bench led by Justice Dipankar Datta and Justice Manmohan. They firmly reprimanded Rahul Gandhi for calling Veer Savarkar a “British servant.”

To counter Rahul Gandhi’s statement, Justice Datta posed a question — he asked whether Mahatma Gandhi could also be called a British servant just because he once used the words ‘your faithful servant’ in letters sent to the British Viceroy.

Justice Datta questioned, “If Mahatma Gandhi can write ‘your faithful servant’ in letters to the Viceroy, then can he also be called a servant of the Britishers?”

In granting the stay, the Bench also pointed out that Gandhi’s grandmother, former Prime Minister Indira Gandhi, had written a letter praising Savarkar.

The court remarked to Senior Counsel Abhishek Manu Singhvi, who represented Gandhi,

“Does he know that even Mahatma Gandhi used the words ‘your faithful servant’? Does he know his grandmother also sent a letter to the freedom fighter praising him? Let him not make irresponsible statements about freedom fighters. You cannot make such statements without knowing the history or geography of freedom fighters,”

The Supreme Court issued a warning to Rahul Gandhi regarding his comments about freedom fighters, specifically concerning VD Savarkar.

On Friday, the court stayed a trial court summons related to his remarks and cautioned the Congress leader against making further disparaging comments about Savarkar, emphasizing that he is “worshipped” in Maharashtra.

The bench, comprising Justice Dipankar Datta and Justice Manmohan, stated that Mr. Gandhi would face repercussions if he continued to make such statements.

Justice Datta asserted,

“We will not allow anyone to make statements against our freedom fighters,”

The court was reviewing a plea challenging an Allahabad High Court decision that had declined to quash the summons issued to him for his remarks against Vinayak Damodar Savarkar.

Justice Subhash Vidyarthi of the High Court had refused to entertain Gandhi’s plea, noting that he could approach the Sessions Judge under Section 397 (which allows for a review of lower court records) of the Code of Criminal Procedure instead of moving to the High Court.

This is not the first time Rahul Gandhi’s remarks about historical figures have triggered a strong reaction. The Supreme Court has now made it clear that political leaders must act responsibly and speak only after understanding the history properly.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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