The Supreme Court has issued a strong caution to Congress leader Rahul Gandhi over controversial remarks made about freedom fighter V.D. Savarkar, during a public address in Maharashtra’s Akola district in 2022. The court, while staying the trial court proceedings against Gandhi for now, warned that any repetition of such comments could lead to suo motu action.
Rahul Gandhi made contentious statements during his Bharat Jodo Yatra on November 17, 2022, referring to Savarkar as a “British servant” and accusing him of receiving a pension from the colonial government. The remarks led to a defamation complaint filed by a resident of Lucknow, Nripendra Pandey, who alleged that the comments were part of a deliberate attempt to tarnish Savarkar’s image.
A two-judge bench comprising Justices Dipankar Datta and Manmohan delivered a scathing response during Thursday’s hearing. Though Gandhi’s legal team insisted there was no intention to incite division, the court expressed deep disapproval. “Freedom fighters gave us our independence. Let’s not insult them,” the court said, pointing out the sensitivity of making such statements in regions where Savarkar is widely respected.
Justice Datta Slams Gandhi
Referring specifically to the cultural context of Maharashtra, Justice Datta asked, “Why would your client say such things in a place where Savarkar is almost worshipped?” He further emphasised that carelessness in public speeches could inspire similar irresponsible remarks against other national figures. “Tomorrow, someone might claim Mahatma Gandhi was also a British servant,” he remarked.
Rahul Gandhi was not present at the hearing, as he was visiting Jammu and Kashmir’s Anantnag district to meet those injured in the recent Pahalgam terror attack. The court, nonetheless, did not hold back. “This is not the way to speak about those who gave us freedom,” Justice Datta said, calling Gandhi’s remarks “irresponsible.”
The trial court that originally issued the summons observed that Gandhi’s remarks promoted disharmony and carried the potential to stir public unrest. He was summoned under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code. The court had also fined Gandhi Rs 200 for skipping a hearing last month.
SC Questions Gandhi’s Intent
During the Supreme Court hearing, senior advocate Abhishek Manu Singhvi, representing Gandhi, stressed that the statement lacked malicious intent and should not be interpreted as an attempt to create enmity. However, the bench firmly responded: “Why make such a statement at all, if there was no intent to provoke?”
While the apex court agreed to temporarily halt the legal proceedings, it clearly warned that any further derogatory comments about India’s freedom fighters would not be tolerated. “We won’t need a petition next time. We will take it up on our own,” the bench stated.
The matter has been listed for a further hearing in eight weeks, and notices have been issued to both the Uttar Pradesh government and the complainant.
