Daijiworld Media Network - New Delhi
New Delhi, Aug 14: The Supreme Court on Friday quashed a criminal defamation complaint and summons issued by a trial court against Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi over his remarks on Vinayak Damodar Savarkar.
The case stemmed from remarks made by Gandhi on November 17, 2022, during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.
Allowing Gandhi's plea, a bench of Justices Dipankar Datta and Sheel Nagu held that the criminal proceedings lacked the mandatory sanction required under law to prosecute him in the case.
Under Section 196 of the Code of Criminal Procedure (CrPC), sanction from the state government is mandatory before taking cognisance of an offence under Section 153A of the Indian Penal Code (IPC), which deals with promoting enmity between different groups.
The bench noted that the affidavit filed by the Uttar Pradesh government did not disclose any such sanction.
"In such view of the matter, the complaint and orders passed by magistrate stands quashed," the bench said.
The Supreme Court had earlier criticised Gandhi for what it termed "irresponsible" remarks about Savarkar made during the Maharashtra rally, while staying the criminal proceedings against him.
"Let's not mock our freedom fighters," the apex court had observed.
The court had issued notice to the Uttar Pradesh government and complainant advocate Nripendra Pandey and stayed an Allahabad High Court order that had refused to quash the trial court's summons issued to Gandhi.
Pandey had filed the complaint alleging that Gandhi intentionally insulted Savarkar during the rally. He accused the Congress leader of making the remarks as part of a "well-planned conspiracy" to defame Savarkar.
The complaint invoked provisions relating to alleged offences including promoting enmity between classes and public mischief.
The Lucknow bench of the Allahabad High Court on April 4, 2025, had refused to grant relief to Gandhi and said he could approach the sessions court by filing a revision petition.
Gandhi subsequently challenged the trial court's decision to summon him and contested the continuation of the criminal proceedings.