The Supreme Court on Friday quashed the criminal complaint and summons issued against Leader of Opposition and Congress leader Rahul Gandhi over remarks he made against Hindutva ideologue Vinayak Damodar Savarkar.
A Bench of Justice Dipankar Datta and Justice Sheel Nagu allowed Gandhi’s plea after noting that the requisite sanction for prosecuting him for the alleged offences had not been obtained.
Gandhi had described Savarkar as a collaborator of the British and alleged that he had received a pension from the British government. Following a criminal complaint, a magistrate in Uttar Pradesh had summoned Gandhi, prompting him to approach the Supreme Court seeking quashing of the proceedings.
Quashing the Magistrate’s orders, the Court noted that the UP government failed to provide proof of the necessary prosecution sanction in its affidavit.
Gandhi was facing allegations under Sections 153A and 505 of the Indian Penal Code (IPC) in a complaint filed by advocate Nripendra Pandey.
Pandey had initially approached an Additional Chief Judicial Magistrate (ACJM) seeking registration of an FIR against Gandhi over remarks made during the Bharat Jodo Yatra on November 17, 2022. Gandhi had referred to Savarkar as a collaborator of the British.
Pandey alleged that the remarks were intended to incite hatred in society. His complaint also claimed that Mahatma Gandhi had earlier recognised Savarkar as a patriot.
In June 2023, the ACJM dismissed the complaint, following which Pandey approached the sessions court. The sessions court allowed his plea and remanded the matter to the magistrate for reconsideration.
In December 2024, a Lucknow magistrate summoned Gandhi in the case, observing that his remarks describing Savarkar as a British servant who received a pension had the potential to spread hatred and ill-will in society. The court consequently found a prima facie case against Gandhi and directed him to appear.
The Allahabad High Court, on April 4, 2025, declined to grant relief to Gandhi. Justice Subhash Vidyarthi observed that Gandhi could approach the sessions court under Section 397 of the Code of Criminal Procedure for revision of the lower court’s order instead of directly approaching the High Court.
Gandhi thereafter approached the Supreme Court.
The top court had earlier stayed the summons but had expressed strong disapproval of Gandhi’s remarks against Savarkar. The Bench had termed the remarks irresponsible and warned that any repetition could invite suo motu proceedings.
Granting the stay on legal grounds, the Court warned that any further remarks against freedom fighters would trigger suo motu action, questioning how such figures could be treated with disrespect after sacrificing for the nation’s freedom.
The Bench had also noted that Gandhi’s grandmother and former Prime Minister Indira Gandhi had written to Savarkar praising him.
However, on Friday, the Supreme Court held that the absence of the mandatory sanction required for prosecution was sufficient to invalidate the proceedings and consequently quashed the criminal complaint and summons against Gandhi.
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