Supreme Court Rebukes Rahul Gandhi Over Remarks On Savarkar

The Supreme Court on Friday sharply criticised Leader of the Opposition in the Lok Sabha, Rahul Gandhi, for his alleged derogatory remarks against freedom fighter Vinayak Damodar Savarkar, made during a rally in Maharashtra in November 2022.

While hearing Gandhi’s petition to quash defamation proceedings, a Bench comprising Justices Dipankar Datta and Manmohan firmly cautioned him against making ‘irresponsible statements’ about freedom fighters.

The court remarked that such figures deserve respect and that any attempt to undermine them would not be tolerated.

“If someone uses the phrase ‘your faithful servant’, as Mahatma Gandhi did while addressing the Viceroy, does that make them a servant of the British? Next, someone will claim that Mahatma Gandhi was a British servant,” Justice Datta remarked, underscoring the need for historical sensitivity.

‘Suo Motu’ Action Threatened

The Bench warned that any future defamatory remarks from Gandhi could trigger suo motu contempt proceedings.

“Let us be clear—any further statement and we will take suo motu. We will not allow anyone to speak against our freedom fighters. They gave us our freedom this is how we honour them?” the court stated.

Congress Leader Undertakes To Refrain

Following these stern observations, senior advocate Abhishek Manu Singhvi, representing Gandhi, gave an oral undertaking that the Congress leader would refrain from making such statements in future.

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The court then issued an interim order, staying the lower court’s summons issued under Sections 153-A and 505 of the Indian Penal Code (IPC).

Case Background

The controversy stems from comments made by Gandhi during his Bharat Jodo Yatra in Maharashtra’s Akola, where he allegedly made defamatory remarks about Savarkar. A defamation case was subsequently filed.

Earlier, the Lucknow Bench of the Allahabad High Court had refused to quash the case.

Justice Subhash Vidyarthi, in an order dated 4 April, held that Gandhi had a statutory right to file a revision under Sections 397/399 of the Criminal Procedure Code (CrPC), and thus the court saw no reason to exercise its inherent powers under Section 482.

Under the IPC of 1860, Section 153-A addresses the promotion of enmity between groups, while Section 505 deals with public mischief through inflammatory statements.

The government has since repealed these provisions under the Bharatiya Nyaya Sanhita, 2023.

Other Defamation Cases Pending

This is not the only defamation case involving the Congress MP. In January 2024, the Supreme Court paused trial proceedings in a case where Gandhi had allegedly called Union Home Minister Amit Shah a ‘murder accused’ during a 2019 rally in Jharkhand’s Chaibasa.

Similarly, in August 2023, the apex court stayed Gandhi’s conviction in the high-profile ‘Modi surname’ case, which had led to his temporary disqualification from the Lok Sabha.

The court noted that the trial judge had failed to justify the maximum sentence of two years.

The Lok Sabha Secretariat reinstated his parliamentary membership shortly after the Supreme Court intervened.

Controversy And Political Fallout

During a 2019 election rally in Karnataka, Gandhi questioned why ‘all thieves share the Modi surname’, directly attacking Prime Minister Narendra Modi and linking him to fugitives Nirav Modi and Lalit Modi.

The Surat court convicted him in March 2023, triggering his disqualification.

Since then, political opponents have filed multiple defamation cases against Gandhi to challenge his rhetoric and approach, leading him to face a series of legal battles.

The Supreme Court’s latest remarks place Gandhi under renewed scrutiny, not just politically but legally.

With several cases still pending, any future misstep could invite immediate judicial response.