The Supreme Court on Friday strongly criticised Leader of Opposition Rahul Gandhi for calling freedom fighter Vinayak Damodar Savarkar a “British collaborator” who received a pension from the British. While staying the summons issued to Gandhi by a Lucknow Magistrate in a related criminal case, the Court warned it would initiate suo motu action if similar remarks were made again.
A Bench comprising Justices Dipankar Datta and Manmohan expressed its displeasure over Gandhi’s comments, calling them “irresponsible” and disrespectful to freedom fighters.
“Let him not make irresponsible statements about freedom fighters,” the Bench observed. “You cannot make such statements without knowing history or geography of freedom fighters.”
The Court was hearing Gandhi’s plea challenging an Allahabad High Court order that had refused to quash the summons. The summons had been issued by a Magistrate court on December 12, 2024, in connection with Gandhi’s remarks made during his Bharat Jodo Yatra on 17 November 2022.
At the time, Gandhi had referred to Savarkar as a collaborator with the British and claimed that he received a pension from them. These remarks led advocate Nripendra Pandey to file a complaint, alleging they promoted enmity in society and were aimed at inciting hatred.
The Bench remarked: “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 them like this? Issue notice. Stay on impugned order.”
The Court also reminded Gandhi’s counsel, Senior Advocate Abhishek Manu Singhvi, that even members of Gandhi’s family had shown respect towards Savarkar in the past.
“Does he (know) that even Mahatma Gandhi used the words ‘your faithful servant’? the Bench questioned.
During the hearing today, the Supreme Court posed sharp questions to Gandhi. “Does Rahul Gandhi know that his grandmother, former Prime Minister Indira Gandhi, also sent a letter on Veer Savarkar praising him?” the Bench remarked. “How can he make irresponsible statements on our freedom fighters without knowing history, geography about it!”
The Court was referring to a letter dated 20 May 1980, written by Indira Gandhi in response to Pandit Bakhle, secretary of the Swatantryaveer Savarkar Rashtriya Smarak, regarding celebrations for Savarkar’s birth centenary. In the letter, Indira Gandhi wrote, “I have received your letter of 8th May 1980. Veer Savarkar’s daring defiance of the British Government has its own importance in the annals of our Freedom movement. I wish success to the plans to celebrate the birth centenary of the remarkable son of India.”
Earlier, the Allahabad High Court had refused to entertain Gandhi’s plea, stating that he had the alternative remedy of moving the Sessions Court under Section 397 of the CrPC. The Sessions Court had remanded the matter back to the Magistrate after an earlier dismissal by the Additional Chief Judicial Magistrate (ACJM).
The trial court, while issuing the summons, had observed that Gandhi’s remarks — that Savarkar was a “British servant who received a pension” — had spread hatred and ill-will, forming a prima facie case under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code.
Gandhi has also been fined ₹200 by the trial court for a previous non-appearance in the case.
#BREAKING Does Rahul Gandhi know that his grandmother (Former PM Indira Gandhi) also sent a letter on Veer Savarkar praising him? How can he make irresponsible statements on our freedom fighters without knowing history, geography about it! : #SupremeCourt to @RahulGandhi pic.twitter.com/jvux0xZ2s4
— Bar and Bench (@barandbench) April 25, 2025
(With inputs from Bar and Bench)
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