New Delhi: The Supreme Court on Friday, August 14, quashed a criminal case and summons issued against Congress leader Rahul Gandhi over his remarks describing Hindutva ideologue Vinayak Damodar Savarkar as a British collaborator.
Gandhi had said that Vinayak actively collaborated with the British during their colonial rule in India and even received a pension from them. A criminal hate speech complaint was lodged against him over the remarks, and an Uttar Pradesh magistrate had subsequently issued a subpoena to Gandhi.
The Leader of Opposition in the Lok Sabha had filed a petition in the Supreme Court seeking the quashing of the summons.
Today, Justices Dipankar Datta and Sheel Nagu permitted the plea, observing that the criminal proceedings were lacking a specific provision under the law to prosecute the LoP in the case.
“We have heard learned counsel for the parties. In the affidavit filed by the respondent State of UP, there is no disclosure of a sanction having been granted. In such view of the matter, orders passed by the Magistrate shall be quashed,” the bench noted.
“Sanction is required. But there is no sanction. If there is no sanction, there is no case. You have to follow the law,” added Justice Datta.
Gandhi was charged under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code after a complaint was filed by advocate Nripendra Pandey.
Pandey initially approached the Additional Chief Judicial Magistrate (ACJM) with an application to file a first information report (FIR) against Gandhi. He raised concerns over Gandhi’s remarks made during his Bharat Jodo Yatra on November 17, 2022. He had described Savarkar as a “servant” or collaborator of the British, and that he received a pension from the colonial government.
Pandey said the comments were made with intent to incite hatred. His complaint also noted that Mahatma Gandhi had recognised Savarkar as a patriot.
The ACJM, in June 2023, dismissed Pandey’s complaint. Pandey then challenged the order before a sessions court. In 2024, a Lucknow magistrate court summoned Gandhi. The magistrate noted that Gandhi’s remarks claiming Savarkar was a British servant who received a pension spread hatred and ill will in society.
The trial court thus found a case against Gandhi and ordered him to appear before it. In early 2025, the Allahabad High Court refused to give Gandhi any relief in the matter. High Court Justice Subhash Vidyarti had said instead of moving the HC, Gandhi could approach the sessions judge with a petition under Section 397 (review of records of lower court) of the Code of Criminal Procedure.
Gandhi had subsequently filed an appeal before the Supreme Court, which stayed the subpoena issued against Gandhi but stated his remarks were extremely irresponsible.
You have a good point on law, and you will get a stay. But any further statement by him will be taken up suo motu. No words on our freedom fighters. They gave us freedom, and we treat them like this?” the Court had said at the time.
The Bench had also underlined that Gandhi’s own grandmother, former Prime Minister Indira Gandhi, had written to Savarkar praising his efforts.
However, today, the court quashed the criminal proceedings, noting that the case lacked relevant sanctions required under law to prosecute Gandhi.
