Today, On 25th April, The Supreme Court strongly criticised Rahul Gandhi for his remarks on Veer Savarkar, saying, “We won’t allow anyone to make statements against our freedom fighters.” However, the Court granted a stay on the criminal defamation proceedings against him.
New Delhi: The Supreme Court expressed strong disapproval on Friday regarding Leader of Opposition Rahul Gandhi’s assertion that Vinayak Damodar Savarkar was a collaborator with the British and received a pension from them.
Justices Dipankar Datta and Manmohan described Gandhi’s comments about the freedom fighter as irresponsible, warning that the court would take suo motu action if he continues to make such statements.
The Bench, however, stayed the summons issued to Rahul Gandhi by a Magistrate court related to a criminal case stemming from his controversial remarks.
The Court directed,
“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? Issue notice. Stay on impugned order,”
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.
Also Read: Court Defers Rahul Gandhi Defamation Case to April 3: “Lawyers Were on Strike”
This defamation case is connected to comments made by Rahul Gandhi on November 17, 2022, while he was addressing a public gathering in Akola district of Maharashtra during his Bharat Jodo Yatra. During that speech, Rahul Gandhi allegedly made certain statements that were considered defamatory towards Savarkar.
The trial court indicated that Gandhi had referred to Savarkar as a British collaborator who received a pension, asserting that such remarks fostered hatred and discord within society.
Consequently, the court found a prima facie case against Gandhi and mandated his appearance.
In response, Gandhi challenged the summoning order in the High Court. He faces charges under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC), following a complaint filed by advocate Nripendra Pandey.
Pandey had initially sought to register a first information report (FIR) against Gandhi for his comments made on November 17, 2022, in which he labeled Savarkar as a collaborator with the British.
Pandey argued that Gandhi’s remarks were intended to incite societal hatred and emphasized that Mahatma Gandhi had once recognized Savarkar as a patriot.
In June 2023, the Additional Chief Judicial Magistrate Ambrish Kumar Srivastava dismissed Pandey’s complaint, leading him to appeal to the sessions court.
Also Read: Rahul Gandhi Granted Bail in Savarkar Defamation Case by Pune Court
The sessions court subsequently accepted the appeal and referred the matter back to the Magistrate court, which then issued the summons to Gandhi.
Additionally, the Lucknow court recently fined Gandhi Rs.200 for failing to appear in the case.
Gandhi, who serves as the MP for Rae Bareli in Uttar Pradesh and is the leader of the opposition in the Lok Sabha, has been linked to this case since April last year. Satyaki Savarkar, the grandnephew of Vinayak Savarkar, filed a complaint in a magistrate court in Pune, alleging that Gandhi made defamatory remarks about Savarkar during a speech in London on March 5, 2023.
Case Title: RAHUL GANDHI v. STATE OF U.P. AND ANR., SLP(Crl) No. 6196/2025