Delhi: In a significant development on Friday, the Supreme Court of India stayed the criminal defamation proceedings against Congress leader and Leader of Opposition Rahul Gandhi over his controversial remarks on freedom fighter Vinayak Damodar Savarkar. However, the apex court strongly disapproved of Gandhi’s statements and orally warned that any repetition of such comments in the future could attract suo motu action.
The matter was heard by a bench comprising Justice Dipankar Datta and Justice Manmohan. As soon as the hearing began, Justice Datta questioned Gandhi’s description of Savarkar as a “servant of the British” in a previous public address. Drawing a historical comparison, Justice Datta remarked, “Does your client know Mahatma Gandhi also used ‘your faithful servant’ while addressing the Viceroy? Does that make him a servant of the British too?”
Senior Advocate Dr. Abhishek Manu Singhvi, representing Rahul Gandhi, faced a volley of sharp observations from the bench. Justice Datta further noted that even Gandhi’s grandmother and former Prime Minister Indira Gandhi had praised Savarkar in a letter, highlighting the Congress party’s earlier recognition of his contributions.
“Let him not make irresponsible statements about the freedom fighters,” Justice Datta asserted. “This is not the way you treat our freedom fighters. When you don’t know anything about the history or geography of India… don’t go around fomenting trouble.”
The court particularly questioned Gandhi’s decision to make such statements in Maharashtra’s Akola—where Savarkar is deeply revered—suggesting it was a provocation that could incite unrest. Justice Datta also noted that during the colonial era, even the judges of the Calcutta High Court addressed the Chief Justice as “Your Servant,” a customary practice that should not be misinterpreted.
While staying the defamation case pending before a Lucknow court, the bench made it clear that the relief was conditional. “We will grant you a stay… but we will restrain you from making irresponsible statements. Any further statement, and we will take suo motu cognizance—no question of sanction.”
Dr. Singhvi assured the bench that Rahul Gandhi would refrain from making such statements in the future. However, this undertaking was not recorded in the written order.
The criminal defamation complaint was originally filed by Advocate Nripendra Pandey in response to Gandhi’s press conference, where he alleged that Savarkar took a pension from the British and had betrayed the freedom struggle. The Additional Civil Judge (Senior Division)/ACJM in Lucknow, Alok Verma, had observed that such comments were capable of spreading hatred and weakening the unity of the nation.
Earlier, the Allahabad High Court had refused to stay the proceedings, advising Gandhi to seek remedy under Section 397 of the CrPC. The Supreme Court’s intervention brings temporary relief to the Congress leader but places him under strict scrutiny going forward.
