AGENCY
NEW DELHI, Apr 25
Admonishing the Congress leader Rahul Gandhi for his controversial remarks against “freedom fighter” Vinayak Damodar Savarkar being a British collaborator who received pension from the colonial rulers, and warning him to be ready to face consequences for any repeat of such derogatory comments, the Supreme Court, however, on Friday stayed the summons issued to him in the matter by a court in Uttar Pradesh. Terming as “irresponsible” statements against the freedom fighter, a bench Justice Dipankar Datta and Justice Manmohan said that the Court will initiate suo motu action if he makes similar statements. Having pulled up the Leader of Opposition in the Lok Sabha Rahul Gandhi for his comments critical of Savarkar, the bench in its order staying the summons said, “You have a good point on law and you will get a stay. But any further statement by him will be taken up suo motu. No words on our freedom fighters. They gave us freedom and we treat them like this? Issue notice. Stay on impugned order.”
While taking exception to Rahul Gandhi’s statement on Savarkar, the bench referred to his grandmother and late Prime Minister Indira Gandhi had written to Savarkar praising him.
“Does he know that even Mahatma Gandhi used the words ‘your faithful servant’. Does he know his grandmother also sent a letter to the freedom fighter praising him? Let him not make irresponsible statements about freedom fighters. You cannot make such statements without knowing the history or geography of freedom fighters,” the bench told the senior advocate Abhishek Manu Singhvi who appeared for Rahul Gandhi. Observing that Savarkar is revered in some parts of Maharashtra, Justice Dutta said, “He (Rahul Gandhi) is a person of stature. He is a political leader of a political party. Why should you foment trouble like this? You go to Akola and make this statement, in Maharashtra where he (Savarkar) is worshipped? Don’t do this. Why do you make this statement?”
Justice Datta further said that even the Judges of the Calcutta High Court used to address the Chief Justice as “Your Servant” during the British times.
“Someone does not become a servant like this. Next time, somebody will say Mahatma Gandhi was the servant of the British. You are encouraging these kinds of statements,” Justice Datta said.
The top court’s observation relating to Savarkar came in the course of the hearing of an appeal by Rahul Gandhi against Allahabad High Court order refusing to quash the summons issued to him by a Lucknow Magistrate court for making comments against Vinayak Damodar Savarkar.
The High Court refused to entertain the Congress leader’s plea observing that Gandhi has the remedy of approaching the Sessions Judge under Section 397 (review of records of lower court) of the Code of Criminal Procedure instead of moving the High Court directly.
A Lucknow Magistrate Court on December 12, 2024, had issued summons to Rahul Gandhi. The Congress leader is facing charges under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC) after advocate Nripendra Pandey filed a complaint against him.
Pandey’s complaint is rooted in Rahul Gandhi’s remarks on November 17, 2022, during his Bharat Jodo Yatra where he referred to Savarkar as British collaborator and received pension from colonial rulers.
Asserting that the remarks by Rahul Gandhi were made with the intention of inciting hatred in society, Pandey in his complaint had also claimed that Mahatma Gandhi had previously recognized Savarkar as a patriot.
