GUWAHATI: The Supreme Court on Friday, April 25 stayed criminal defamation proceedings against Congress leader Rahul Gandhi over his remarks on Vinayak Damodar Savarkar, but issued a stern oral warning against any future comments of a similar nature. The bench, comprising Justices Dipankar Datta and Manmohan, heard Gandhi's petition challenging the criminal defamation case pending in a Lucknow court.
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As the matter was taken up, Justice Datta criticised Gandhi’s statements, questioning the basis of his comments about Savarkar. Drawing a comparison, Justice Datta remarked whether Mahatma Gandhi should also be labelled a British loyalist for using the phrase “your faithful servant” in letters to the Viceroy. He also pointed out that Gandhi's grandmother, former Prime Minister Indira Gandhi, had once praised Savarkar in official correspondence.
The bench expressed concern over the treatment of freedom fighters in political discourse. Justice Datta addressed Senior Advocate AM Singhvi, appearing for Gandhi, and questioned the intent behind such public remarks, especially in a state like Maharashtra, where Savarkar commands significant respect. “Let him not make irresponsible statements about freedom fighters,” Justice Datta said, warning that such language could prompt the Court to initiate suo motu proceedings without requiring any sanction.
While agreeing to stay the proceedings, the bench imposed a cautionary condition. Justice Datta stated clearly that any future statements targeting freedom fighters could lead to direct judicial action, bypassing the need for formal complaints. “They have given us freedom. We will not allow anyone to speak like this about them,” he added.
The defamation case stems from a speech made by Rahul Gandhi during a press conference, where he allegedly described Savarkar as a British servant and accused him of receiving a pension from the colonial government. The complaint, filed by Advocate Nripendra Pandey, accused Gandhi of attempting to incite societal division and demean the values that define the nation.
Earlier, in December, the Additional Civil Judge (Senior Division)/ACJM, Lucknow, Alok Verma, had taken cognisance of the complaint, stating that Rahul Gandhi had weakened and insulted the nation's foundational principles by distributing leaflets with inflammatory content. The Allahabad High Court had earlier declined to intervene in the matter, noting that Gandhi could seek remedy under Section 397 of the Criminal Procedure Code.
Following the High Court’s refusal to grant relief on April 4, Gandhi approached the Supreme Court, which has now paused the trial but under a clear warning against any recurrence.
