The Supreme Court on Friday quashed the criminal defamation proceedings initiated against Lok Sabha Leader of Opposition Rahul Gandhi over his remarks on Hindutva ideologue V.D. Savarkar. The apex court held that the prosecution could not proceed as the Uttar Pradesh government had not given the requisite sanction to go ahead.
A Bench comprising Justices Dipankar Datta and Sheel Nagu allowed his plea after noting that the criminal case lacked the particular sanction required under the law to prosecute Gandhi in the case. Gandhi had described Savarkar as a collaborator with the British and further stated that Savarkar received pension from the British. After a criminal complaint was filed against him, a magistrate in Uttar Pradesh had issued a summons to Gandhi.
Gandhi eventually moved the Supreme Court seeking the quashing of this summons.A Bench of Justices Dipankar Datta and Sheel Nagu today allowed his plea after noting that the criminal proceedings lacked a particular sanction required under the law to prosecute Gandhi in this case."We have heard learned counsel for parties. In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted. In such view of matter, orders passsed by Magistrate shall be quashed," the Court said.
Gandhi was facing charges under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC) in a complaint filed by advocate Nripendra Pandey.Pandey had initially approached an Additional Chief Judicial Magistrate (ACJM) with an application to register a first information report (FIR) against Gandhi for Gandhi's remarks on Savarkar.Pandey raised a grievance over remarks made by Rahul Gandhi on November 17, 2022 during his Bharat Jodo Yatra when he referred to Savarkar as a collaborator with the British.
Pandey claimed that these remarks were made with the intent of inciting hatred in society. The complaint by Pandey also said that Mahatma Gandhi had previously recognised Savarkar as a patriot.In June 2023, the ACJM dismissed Pandey's complaint, prompting Pandey to challenge the same before the sessions court.The sessions court allowed the plea and remanded the matter back to the magistrate court. Thereafter, in December 2024, Gandhi was summoned in connection with the case by a Lucknow magistrate court.
The magistrate court observed that Gandhi had said that Savarkar was a British servant who received a pension. These remarks had spread hatred and ill-will in society, the trial court observed. Therefore, the trial court found a prima facie case against Gandhi and directed him to appear before it.
On April 4, 2025, the Allahabad High Court refused to grant any relief to Gandhi in the matter. Justice Subhash Vidyarthi of the High Court had observed that Gandhi has the option to approach the sessions judge with a plea under Section 397 (review of records of lower court) of the Code of Criminal Procedure instead of moving the High Court.
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