by SHAMSUL ISLAM
According to press reports a Supreme Court bench consisting of Justice Dipankar Datta [to retire in February 2030] and Justice Manmohan (to retire in 2027) temporarily paused legal proceedings against Congress leader Rahul Gandhi initiated by a Lucknow court concerning his defamatory remarks about Vinayak Damodar Savarkar (1883-1966) on April 25, 2025. Rahul was charged with offences under Section 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC). While granting stay the bench recorded that Rahul had a “good point in law” which would entitle him to an order of stay on the summons.
However, the bench issued a strong oral warning to Rahul against such statements. The Justices cautioned Gandhi that the court might initiate action suo motu – meaning on its own initiative – if similar statements were repeated. Justice Datta was said to have stated: “This is not the way to treat our freedom fighters. They have given us freedom.” The Lucknow defamation case was filed after Gandhi’s remarks during the Bharat Jodo Yatra on November 17, 2022, that Savarkar collaborated with the British and received a pension. Rahul approached the Supreme Court after Allahabad high court refused to cancel summons. During the hearings, the Supreme Court bench asked Rahul’s lawyers, Abhishek Manu Singhvi and Prasanna S. whether “Does he [Rahul] know his grandmother also sent a letter to the freedom fighter praising him?” adding, “You cannot make such statements without knowing history…”. (‘Supreme Court Stays Summons Against Rahul Gandhi Over Savarkar Remarks’, The Wire, 25- 04-2025.)
According to another press report Justice Dipankar Dutta admonishing Rahul stated that “His statements would prompt other to make similar remarks against other freedom fighters” while reminding that in Maharashtra Savarkar was “worshipped as God”. Justice Datta asked Rahul’s lawyers whether their client knew that “even Mahatma Gandhi used ‘your faithful servant’ while addressing the Viceroy…Tomorrow, somebody can say Mahatma Gandhi was a servant of the British… You are encouraging these sorts of statements”.
The apex court issued notice to the State of Uttar Pradesh and the complainant, Nripendra Pandey, a Lucknow resident. It listed the case after eight weeks. (Krishnadas Rajagopal, ‘Remarks on Savarkar: Supreme Court stays summons to Rahul Gandhi indefamation case’, The Hindu, April, 25, 2025).
Let us compare the claims of these Honourable Justices that Savarkar (the only ‘Veer’ or brave in the Hindutva list of the pantheon of great freedom fighters) was great freedom fighter who gave us independence with the contemporary documents available in the Hindu Mahasabha and RSS archives.
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