The Allahabad High Court has declined to provide relief to the Leader of Opposition in Lok Sabha, Rahul Gandhi, in the VD Savarkar defamation case. The case is currently being heard before the Additional Chief Judicial Magistrate’s (ACJM) Court in Lucknow.
Read also: Supreme Court Demands Apology from Seoni District Bar Association Members Over Lawyers' Strike
- Rahul Gandhi had approached the High Court seeking to quash the summoning order issued against him in December last year.
- His plea also challenged an order passed by the Sessions Court, which had allowed a revision petition filed by the complainant, Advocate Nripendra Pandey.
- The complaint was initially dismissed in June 2023, but the Sessions Court later revived the case.
- A bench of Justice Subhash Vidyarthi observed that Gandhi still has a legal remedy available under Section 397 CrPC (Section 438 BNSS), allowing him to approach the Sessions Judge.
- In light of this, the Court refused to intervene and disposed of Gandhi’s petition.
Background of the Case and Allegations Against Rahul Gandhi
- Rahul Gandhi was summoned by the court in December 2024 after it found that his statements had spread hatred and ill will in society.
- The complaint alleged that Gandhi had distributed pamphlets and made defamatory remarks about Vinayak Damodar Savarkar during a press conference.
- The statements attributed to Gandhi include claims that Savarkar was a "servant of the British" and that he received a pension from them.
- The Additional Civil Judge (Senior Division)/ACJM, Lucknow, Alok Verma, noted in his December order that Gandhi’s actions had "weakened and insulted the basic characteristics of the nation by spreading hatred and enmity in society."
- According to the court, the act of distributing pre-printed pamphlets and leaflets at the press conference further demonstrated an intent to incite negativity.
- Advocate Nripendra Pandey, who filed the complaint, argued that Rahul Gandhi’s statements were intended to provoke hatred in society.
- The complaint asserted that "Savarkar was a fearless freedom fighter who endured inhuman atrocities at the hands of the British to free India from slavery."
- It further alleged that Gandhi’s remarks insulted Savarkar’s legacy and attempted to create an inferiority complex towards him among the people.
- With the High Court refusing to quash the summoning order, Rahul Gandhi is now required to appear before the Additional Chief Judicial Magistrate's Court in Lucknow for further proceedings.
- He still has the option to challenge the decision before the Sessions Court under the legal provisions mentioned by the High Court.
Appearances
Counsel for Applicant: Pranshu Agrawal,Mohammed Samar Ansari,Mohd. Yasir Abbasi
Counsel for opposite party : Shishir Chandra
Case title - Rahul Gandhi vs. State of UP Thru. Secy. Home Lko. And another
