The Supreme Court on Friday quashed the criminal complaint and summons issued against Congress leader and Leader of Opposition (LoP) in Lok Sabha Rahul Gandhi over his remarks about Vinayak Damodar Savarkar, after finding that the required sanction to prosecute him had not been disclosed.
A bench of Justices Dipankar Datta and Sheel Nagu allowed Gandhi’s plea challenging the proceedings before a Lucknow court. The court also quashed the orders passed by the magistrate.
“Additional Solicitor General and advocate for complainant, in the affidavit filed by UP, submits there is no disclosure of sanction. In such view of the matter, the complaint and orders passed by magistrate stand quashed,” the bench was quoted as saying by news agency PTI.
What was the case against Gandhi?
The case relates to remarks Gandhi made about Savarkar on November 17, 2022, during his Bharat Jodo Yatra in Maharashtra’s Akola district.
Gandhi had described Savarkar as a collaborator with the British and said he received a pension from the British.
Advocate Nripendra Pandey had filed the complaint, alleging that Gandhi intentionally insulted Savarkar during the rally. The complaint also alleged that the remarks were made with an intent to incite hatred in society, Bar and Bench said in its report.
Gandhi was facing proceedings under Sections 153A and 505 of the Indian Penal Code (IPC) in the complaint filed by Pandey.
How the case reached Supreme Court
Pandey had initially approached an Additional Chief Judicial Magistrate seeking registration of an FIR against Gandhi. The ACJM dismissed the complaint in June 2023.
Pandey then challenged the decision before the sessions court. The sessions court allowed his plea and sent the matter back to the magistrate court. Gandhi was subsequently summoned by a Lucknow magistrate court in December 2024.
The magistrate court had found a prima facie case against Gandhi and directed him to appear. It had recorded that his remarks about Savarkar had spread hatred and ill-will in society.
On April 4, 2025, the Allahabad High Court declined to grant Gandhi relief. It said he could approach the sessions judge under Section 397 of the Code of Criminal Procedure instead of moving the High Court. Gandhi subsequently approached the Supreme Court.
Supreme Court had earlier stayed summons
The Supreme Court had earlier stayed the summons issued to Gandhi but had also criticised his remarks about Savarkar, according to Bar and Bench.
“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.
The court also referred to a letter Gandhi’s grandmother and former prime minister Indira Gandhi had written to Savarkar, according to Bar and Bench.
