New Delhi, April 25 -- The Supreme Court on Friday stayed criminal proceedings against Congress leader Rahul Gandhi over his comments on freedom fighter Vinayak Damodar Savarkar, while criticising him for making what it called "irresponsible" remarks during a political rally in Maharashtra.
A bench comprising Justices Dipankar Datta and Manmohan made strong observations while hearing Gandhi's plea seeking to quash a criminal case filed in Uttar Pradesh. "Let's not mock our freedom fighters," Justice Datta remarked, as the bench took exception to Gandhi's statements during the Bharat Jodo Yatra in Akola on November 17, 2022.
Appearing for Gandhi, senior advocate Abhishek Manu Singhvi contended that the charges under sections relating to promoting enmity and public mischief were not applicable. However, the bench interrupted him with a historical reference, asking whether Gandhi was aware that Mahatma Gandhi himself used the phrase "your faithful servant" in his communications with the British.
"You are most obedient. Does your client know that Mahatma Gandhi also addressed the viceroy in such terms? Can he then be called a servant of the British?" Justice Datta questioned.
The bench further pointed out that even Indira Gandhi, Rahul Gandhi's grandmother and former Prime Minister, had once written a letter praising Savarkar. "Does your client know that?" Justice Datta asked.
Cautioning against provocative political rhetoric, the bench warned, "No more words on our freedom fighters. They have given us freedom, and we treat them like this?" When Singhvi sought restraint from the court in making remarks, he added that Gandhi had no intention of inciting division. The court responded sharply, stating, "This is not how you treat freedom fighters. When you don't know anything about the history of India, you should not make such comments."
The court said any further statements of this nature could invite suo motu action and issued notices to the Uttar Pradesh government and complainant advocate Nripendra Pandey, staying an earlier Allahabad High Court order that had refused to quash the trial court's summons against Gandhi. The complaint, filed by Pandey, accuses Gandhi of deliberately insulting Savarkar as part of a calculated effort to tarnish his image. The Lucknow bench of the High Court had on April 4 declined to intervene, suggesting Gandhi could pursue remedies before the sessions court.
The apex court will now hear the matter further after receiving responses to its notice.
Published by HT Digital Content Services with permission from Millennium Post.