New Delhi, Aug 14: The Supreme Court on Friday quashed the criminal proceedings initiated against Lok Sabha Leader of Opposition Rahul Gandhi over his remarks on Hindutva ideologue V.D. Savarkar, ruling that the prosecution could not continue because the mandatory sanction from the Uttar Pradesh government had not been obtained. The decision brings an end to the criminal case after the apex court found that a key legal requirement for prosecution had not been fulfilled.
A Bench comprising Justice Dipankar Datta and Justice Sheel Nagu allowed Gandhi’s plea after concluding that the proceedings lacked the statutory sanction required under law. The court also set aside the summons earlier issued to the Congress leader by a lower court.
During the hearing, the Bench was informed that the prosecution had proceeded without obtaining the approval mandated from the Uttar Pradesh government for offences invoked in the case. Taking note of this procedural deficiency, the Supreme Court ruled that the criminal prosecution could not be sustained and accordingly quashed the proceedings.
The case originated from statements made by Gandhi during the Congress party’s Bharat Jodo Yatra in Maharashtra in 2022. In one of his public addresses, he described Savarkar as a “servant of the British” and alleged that the freedom fighter “used to receive a pension from the British.”
The remarks led to controversy, following which lawyer Nripendra Pandey filed a complaint before a lower court. The complaint alleged that Gandhi’s statements were defamatory and promoted disharmony.
After examining the complaint, the lower court found that a prima facie case existed and issued summons to Gandhi under Sections 153A of the Indian Penal Code, relating to promoting enmity between different groups, and Section 505, which deals with statements conducing to public mischief.
However, while hearing Gandhi’s challenge, the Supreme Court was informed that the prosecution had not secured the sanction required from the Uttar Pradesh government before initiating proceedings. The Bench held that this legal requirement had not been complied with, rendering the prosecution unsustainable.
The ruling effectively nullifies both the criminal proceedings and the summons issued by the lower court in connection with the case.
The judgment provides significant legal relief to Gandhi, who has faced multiple criminal and civil proceedings arising from his political speeches and public statements in recent years. With the apex court’s decision, the case linked to his remarks on Savarkar stands closed.
