
Key Points
SC cites Indira Gandhi's letter praising Savarkar
Bench warns against defaming freedom fighters
Defamation case stayed with strict conditions
Rahul summoned for calling Savarkar "British servant"
A bench of Justices Dipankar Datta and Manmohan expressed disapproval of the remarks of Gandhi against Savarkar.
Justice Datta also asked senior advocate Abhishek Manu Singhvi, appearing for Gandhi, if Mahatma Gandhi could be called the servant of the Britishers merely because he used the term "your faithful servant" in his letters to the Viceroy.
"Does your client know Mahatma Gandhi also used your faithful servant while addressing the Viceroy? Does your client know that his grandmother, when she was the Prime Minister, also sent a letter to somebody praising the gentleman (Savarkar)," Justice Datta told Singhvi.
You cannot make such statements without knowing the history and geography of freedom fighters, the bench further said.
"Let him not make irresponsible statements about the freedom fighters. Is this the way you treat freedom fighters?" Justice Datta asked, and said that Savarkar is worshipped in Maharashtra.
The bench, however, said that it was inclined to stay the proceedings, but on the condition that he would not make any such statements in future.
Justice Datta further said, "Let's be clear, any further statement and we will take suo moto and no question of sanction. We will not allow you to speak anything about the freedom fighters. They have given us freedom."
The bench then stayed the criminal defamation proceedings pending against Gandhi in a Lucknow court over his comments against Savarkar.
Leader of Opposition (LoP) Gandhi has approached the Supreme Court challenging an Allahabad High Court's April 4 order which had refused to quash the summons issued to him by a Magistrate court for making remarks against Vinayak Damodar Savarkar.
Gandhi was summoned by the court as an accused in December last year over his speech at a press conference, where he allegedly said that Savarkar was a servant of the British and that he took a pension from the British.
The High Court had orally remarked that a remedy is available to Gandhi to move before the Sessions Judge with a plea under Section 397 (review records of lower court) of the CrPC instead of moving the High Court.
Advocate Nripendra Pandey filed a complaint claiming that Gandhi, with the intention of spreading hatred in the society, called Savarkar, a servant of the British and that he took a pension from the British.
The summons order was passed by a Lucknow Magistrate court on December 12, 2024.
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