'Rahul Gandhi's remarks on Savarkar deliberate hate speech': UP govt alleges, even as SC extends his relief

The Uttar Pradesh government has opposed Leader of Opposition Rahul Gandhi’s plea before the Supreme Court seeking to quash summons issued against him by a Lucknow magistrate over alleged derogatory remarks against Hindutva leader Vinayak Damodar Savarkar.

The state has argued that Rahul Gandhi’s comments were not casual political rhetoric but part of a deliberate and pre-planned attempt to incite hatred, warranting prosecution under criminal law.

“The learned Magistrate applied his judicial mind and found sufficient material to establish a prima facie case,” the affidavit stated, urging the top court to dismiss the Congress leader’s petition.

The summons was issued on December 12, 2024, by a magistrate following directions from the sessions court, which had earlier overturned a dismissal of the complaint by an Additional Chief Judicial Magistrate (ACJM).

The controversy stems from Rahul Gandhi’s remarks during the Bharat Jodo Yatra on November 17, 2022, where he referred to Savarkar as a British collaborator who received a pension from the colonial government. These remarks led advocate Nripendra Pandey to file a complaint, accusing Rahul Gandhi of intending to provoke social disharmony and misrepresenting historical figures. The complaint also noted that Mahatma Gandhi had called Savarkar a patriot, countering Rahul Gandhi’s criticism.

Although Pandey’s initial complaint was rejected by ACJM Ambrish Kumar Srivastava in June 2023, he challenged the dismissal before the sessions court, which found merit in the grievance and remanded the matter back to the magistrate for reconsideration. The magistrate subsequently found Rahul Gandhi’s remarks to be prima facie inflammatory and issued a summons.

Rahul Gandhi then approached the Allahabad High Court seeking relief, but, on April 4, declined to interfere, observing that the Congress MP could seek recourse before the sessions court under Section 397 of the CrPC.

Following this, Gandhi moved the Supreme Court, which, in April this year, granted him interim protection by staying the summons. However, a Bench of Justices Dipankar Datta and Manmohan censured the Congress leader for his remarks on Savarkar, calling them irresponsible. The Bench warned Rahul Gandhi that any further derogatory public statements against freedom fighters could invite suo motu contempt proceedings.

The Bench also said during the hearing, that Rahul Gandhi’s grandmother, former prime minister Indira Gandhi, had once written a letter praising Savarkar.

During the brief hearing today, the apex court extended the interim protection of staying the summons and slated the case for hearing after four weeks, giving the complainant, Nripendra Pandey, time to file his response to the challenge filed by Rahul Gandhi.

India