LawChakra

Savarkar Remarks Case | “Spreading Hatred & Deserves No Relief.”: UP Govt Slams Rahul Gandhi’s Plea Before Supreme Court

Uttar Pradesh Government Today (July 25) opposed Rahul Gandhi’s plea in the Supreme Court to cancel summons against him for comments on Savarkar. The State alleges Gandhi’s remarks spread hatred and deserve no relief.

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Savarkar Remarks Case | "Spreading Hatred & Deserves No Relief.": UP Govt Slams Rahul Gandhi's Plea Before Supreme Court

NEW DELHI: The Uttar Pradesh Government has strongly opposed a petition filed by Lok Sabha Leader of Opposition Rahul Gandhi in the Supreme Court.

Gandhi had asked the top court to cancel the summons issued by a Lucknow Magistrate for the remarks he made against Vinayak Damodar Savarkar, a well-known Hindutva thinker.

The State government said that Rahul Gandhi’s actions were part of a “deliberate spreading of hatred through pre-planned actions” and urged the Supreme Court to reject his appeal.

In its official reply to the Supreme Court’s notice, the UP Government stated:

“The Ld. Magistrate properly applied judicial mind to facts and evidence, determining a prima facie case under Section 153-A and 505 IPC.”

The case started when a Magistrate in Lucknow issued a summons to Gandhi on December 12, 2024, after a complaint was filed against him under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC).

Earlier, in April 2025, the Supreme Court had paused (or “stayed”) the summons. However, the Court made it clear that it was not happy with Rahul Gandhi’s comments about Savarkar. Gandhi had allegedly said that Savarkar worked with the British and got a pension from them.

A Bench of Justices Dipankar Datta and Manmohan criticized the Congress leader’s remarks, saying they were “irresponsible” and warned him not to repeat them in the future.

The Court warned:

“You have a good point on law and you will get a stay. But any further statement by him will be taken up suo motu. No words on our freedom fighters. They gave us freedom and we treat the like this?”

The judges also pointed out that Gandhi’s own grandmother, former Prime Minister Indira Gandhi, had once written a letter praising Savarkar.

Before the Supreme Court got involved, Rahul Gandhi had gone to the Allahabad High Court to challenge the summoning order. But on April 4, 2025, Justice Subhash Vidyarthi refused to give him any relief. The judge said Gandhi should instead go to the sessions court and file a petition under Section 397 of the Criminal Procedure Code, which deals with the review of lower court orders.

This led Gandhi to approach the High Court first and then eventually file an appeal before the Supreme Court.

The original complaint against Gandhi was filed by advocate Nripendra Pandey. He accused Rahul Gandhi of spreading hate through his comments during the Bharat Jodo Yatra on November 17, 2022. At that time, Gandhi had said that Savarkar was a British supporter who received a pension from the British government.

Pandey alleged that Gandhi’s remarks were made with the purpose of spreading division and hatred in society. He also mentioned that Mahatma Gandhi had once called Savarkar a true patriot.

In June 2023, Additional Chief Judicial Magistrate Ambrish Kumar Srivastava had dismissed Pandey’s complaint. However, Pandey appealed to the sessions court, which allowed his plea and sent the case back to the Magistrate.

The Magistrate court then took a fresh look at the case and issued the summons to Rahul Gandhi. In its order, the Magistrate noted that Gandhi had called Savarkar a “British servant who received a pension.”

According to the trial court, these statements had caused “hatred and ill-will” in society. After this, the court found that there was prima facie evidence against Gandhi and ordered him to appear before it.

Rahul Gandhi then went to the High Court again to cancel the summons, but his request was rejected. This led him to take the matter to the Supreme Court, where the case is now being heard.

The matter has been posted after four weeks, and the interim order will remain in effect until then.

CASE TITLE:
RAHUL GANDHI PRASANNA S. vs STATE OF U.P. AND ANR
SLP(Crl) No. 6196/2025.

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