The Supreme Court on Friday (14 August) quashed the criminal complaint and proceedings against Congress leader and Leader of Opposition Rahul Gandhi over remarks made by him concerning Hindutva ideologue Vinayak Damodar Savarkar.
A Bench of Justice Dipankar Datta and Justice Sheel Nagu allowed Gandhi’s plea after noting that the State of Uttar Pradesh had not granted the sanction required before a court could take cognisance of the alleged offences. The proceedings were therefore brought to an end on that legal ground.
Background of the Case
The case arose from remarks Gandhi made in November 2022 concerning Savarkar. Advocate Nripendra Pandey subsequently filed a criminal complaint, alleging that the statements promoted hatred and enmity in society.
Gandhi was summoned by a Lucknow magistrate in December 2024 in connection with allegations under Sections 153A and 505 of the Indian Penal Code. The Allahabad High Court declined to interfere with the proceedings in April 2025, following which Gandhi approached the Supreme Court.
The Supreme Court had earlier stayed the proceedings while also orally expressing strong disapproval of the remarks concerning Savarkar.
Supreme Court’s Observation
During the hearing, the Bench focused on the absence of the statutory sanction required for prosecution.
The Court noted,
“In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted.”
The Bench further held that without the required sanction, the Magistrate could not proceed with the case. As the State had confirmed that no such sanction had been granted, the legal requirement remained unsatisfied.
Decision
The Supreme Court accordingly quashed the complaint and the orders passed by the Magistrate against Rahul Gandhi.
The case is Rahul Gandhi v. State of U.P. & Anr., SLP(Crl) No. 6196/2025. The matter was earlier listed before the Supreme Court after the Allahabad High Court’s April 4, 2025 order.
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