The Supreme Court on Friday stayed a criminal case against Congress leader Rahul Gandhi for his “irresponsible” comments on V.D. Savarkar, but directed him to desist from making such statements against freedom fighters or else the court would initiate suo motu proceedings against him.
A bench of Justices Dipankar Datta and Manmohan stayed a 2022 criminal case filed against Rahul in Uttar Pradesh by advocate Nripendra Pandey for referring to Savarkar as a “servant of the British”. Rahul had allegedly made the remark at a media conference during his Bharat Jodo Yatra in Akola, Maharashtra.
Rahul had approached the top court after Allahabad High Court refused to quash
a trial court’s summons against him in the criminal case filed under IPC sections 153A (promoting enmity among different classes/groups of people) and 505 (public mischief).
However, before staying the criminal proceedings, Justice Datta censured Rahul and reminded senior advocate Abhishek Manu Singhvi, appearing for the Congress leader, that even Mahatma Gandhi and Indira Gandhi had held Savarkar in high esteem.
“How can he make such comments? Does your client know that even Mahatma Gandhi also used ‘your
faithful servant’ while addressing the viceroy?” Justice Datta asked.
“Is your client aware that his grandmother (Indira), when she was the Prime Minister, also addressed a letter praising this gentleman?”
Asking Rahul “not to make irresponsible statements” about the freedom fighter, the bench observed: “This is not the way you treat our freedom fighters, when you don’t know anything of history or geography. No doubt he (Rahul) is a person of stature. He is a political leader of a political party. But why should you foment trouble like this?” it said.
The bench noted Rahul chose to make such a comment at a place like Akola where Savarkar is worshipped. Justice Datta reminded Singhvi that even judges of Calcutta High Court used to address their Chief Justice as “your servant” during the British period.
“Next time, somebody will even say Mahatma Gandhi was the servant of the British,” Justice Datta observed.
