Supreme Court quashes summons issued to Rahul Gandhi over Savarkar remarks

The Supreme Court on Friday quashed a criminal complaint and summons issued against Leader of Opposition Rahul Gandhi over his remarks about Hindutva ideologue Vinayak Damodar Savarkar.

Gandhi had described Savarkar as a collaborator with the British and claimed that he received a pension from them. The remarks, made during the Bharat Jodo Yatra in 2022, led to a complaint in Uttar Pradesh and subsequent summons from a magistrate.

Supreme Court quashes summons

A Bench of Justices Dipankar Datta and Sheel Nagu allowed Gandhi’s plea challenging the proceedings and quashed the orders passed by the magistrate.

The court noted that the case lacked a required sanction for prosecution.

"We have heard learned counsel for parties. In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted. In such view of matter, orders passsed by Magistrate shall be quashed," the Court said, reported Bar and Bench.

Gandhi was facing charges under Sections 153A and 505 of the Indian Penal Code in a complaint filed by advocate Nripendra Pandey.

Complaint over Savarkar remarks

Pandey had initially approached an Additional Chief Judicial Magistrate seeking registration of an FIR against Gandhi over his remarks on Savarkar.

The comments were made on November 17, 2022, during Gandhi’s Bharat Jodo Yatra. Pandey alleged that Gandhi’s remarks were intended to incite hatred in society.

The complaint also referred to Mahatma Gandhi’s earlier recognition of Savarkar as a patriot.

In June 2023, Additional Chief Judicial Magistrate Ambrish Kumar Srivastava dismissed Pandey’s complaint. Pandey then challenged the decision before the sessions court, which allowed his plea and sent the matter back to the magistrate.

Case reached Supreme Court

In December 2024, a Lucknow magistrate summoned Gandhi in connection with the case.

The magistrate observed that Gandhi had described Savarkar as a British servant who received a pension and held that the remarks had spread hatred and ill-will in society. It found a prima facie case and directed Gandhi to appear.

The Allahabad High Court refused to grant Gandhi relief on April 4, 2025. Justice Subhash Vidyarthi said Gandhi could approach the sessions judge under Section 397 of the Code of Criminal Procedure.

Gandhi subsequently approached the Supreme Court, which has now allowed his appeal and quashed the proceedings.