MY KOLKATA EDUGRAPH
ADVERTISEMENT
regular-article-logo Thursday, 29 May 2025

Supreme Court nixes Savarkar 'misuse' shield

The CJI asked: 'What is your fundamental right violation in this? We cannot entertain writs like this.'

R. Balaji Published 28.05.25, 06:46 AM
The Supreme Court.

The Supreme Court. Sourced by the Telegraph

The Supreme Court on Tuesday refused to entertain a plea for the inclusion of Hindutva ideologue V.D. Savarkar’s name in a law that prohibits the improper use of some emblems and national icons for professional and commercial purposes.

The 65-year-old petitioner, who appeared in person before the bench of Chief Justice B.R. Gavai and Justice Augustine George Masih, told the court that he had been researching on Savarkar and needed permission “to establish certain facts in a verifiable manner” about him.

ADVERTISEMENT

“I want to request the court to issue directions to respondent number 2 (Union of India) and respondent number 3 (ministry of home affairs) to include his name in the schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950,” Pankaj Phadnis, 65, said.

He also pleaded that Congress leader Rahul Gandhi “should not be allowed to impede my fundamental duties”.

The CJI asked: “What is your fundamental right violation in this? We cannot entertain writs like this.”

The petitioner referred to Article 51A of the Constitution, which deals with fundamental duties. He said the leader of the Opposition in the Lok Sabha “cannot impede my fundamental duties”.

The CJI said an Article 32 petition could be entertained only if there was a violation of fundamental rights.

Article 32 guarantees the right to constitutional remedies, specifically the right to move the Supreme Court for the enforcement of fundamental rights.

The bench advised the petitioner to approach the central government for the inclusion of Savarkar’s name in the Emblems Act.

Phadnis submitted that he had already made a representation to the government, but didn’t get any response.

The bench dismissed the plea.

RELATED TOPICS

Follow us on:
ADVERTISEMENT
ADVERTISEMENT