Supreme Court Quashes Criminal Case Against Rahul Gandhi Over Savarkar Remarks

The Supreme Court on Friday quashed criminal proceedings against Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi over his remarks about Hindutva ideologue V.D. Savarkar, ruling that the mandatory sanction required to prosecute him had not been obtained from the Uttar Pradesh government.

A Bench of Justices Dipankar Datta and Sheel Nagu allowed Gandhi’s plea and set aside the summons issued by the lower court.

Case linked to 2022 Bharat Jodo Yatra remarks

The case dates back to remarks made by Gandhi during the Congress’ Bharat Jodo Yatra in Maharashtra in 2022.

During a public address, Gandhi had described Savarkar as a “servant of the British” and alleged that he received a pension from the British. The remarks triggered controversy, following which lawyer Nripendra Pandey filed a complaint before a lower court.

Pandey alleged that Gandhi’s statements were defamatory and promoted disharmony.

Lower court had issued summons

After examining the complaint, the lower court found a prima facie case and issued summons to Gandhi under Sections 153A and 505 of the Indian Penal Code.

The provisions relate to promoting enmity between different groups and statements that can lead to public mischief.

Supreme Court cites lack of government sanction

During the proceedings, the Supreme Court was informed that the required sanction from the Uttar Pradesh government had not been obtained before initiating the prosecution.

The Bench noted that the mandatory approval was a legal requirement for proceeding with the offences in question. In view of the missing sanction, the apex court quashed the criminal proceedings and the summons issued against Gandhi.

The ruling brings an end to the criminal case arising from Gandhi’s remarks on Savarkar.