Supreme Court raps Rahul Gandhi for remarks on Savarkar: ‘Let’s not mock our freedom fighters’-OxBig News Network

A bench of Justices Dipankar Datta and Manmohan expressed disapproval of the remarks of Gandhi against Savarkar. You cannot make such statements without knowing the history and geography of freedom fighters, the bench said.

New Delhi:

The Supreme Court on Friday pulled up Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi over his controversial remarks about freedom fighter Vinayak Damodar Savarkar during a public rally in Maharashtra. Terming the comments “irresponsible,” a bench comprising Justices Dipankar Datta and Manmohan emphasized the importance of respecting India’s freedom fighters. “Let’s not mock our freedom fighters,” the bench remarked pointedly.

During the hearing, senior advocate Abhishek Manu Singhvi, appearing for Gandhi, was questioned by the bench about whether he was aware that even Mahatma Gandhi had used phrases like “your faithful servant” in his correspondence with British authorities—a reference meant to underline the historical context and decorum of communication during the colonial era.

When Singhvi argued charges of promoting enmity and public mischief were not made out against Gandhi, the bench remarked, “You are most obedient. Does your client know that Mahatma Gandhi also used ‘your faithful servant’ while addressing the viceroy? Can Mahatma Gandhi be called a ‘servant of Britishers’ merely because he addressed himself to the viceroy as ‘your servant’. In those days, even I have seen, our judges of the Calcutta High Court used to address the Chief Justice as writing ‘your servant’.”

Justice Datta added, “Does your client know that his grandmother (Indira Gandhi), when she was the Prime Minister, also sent a letter praising this very gentleman (Savarkar)?”

The judge went on, “So, let’s not make irresponsible statements about freedom fighters. You have made a good point on law, you are entitled to stay. We are not saying anything on that. Any further statement by him (Gandhi) will be taken up suo motu. No more words on our freedom fighters. They have given us freedom and we treat them like this? This is not the way,” the bench warned. The top court then issued notice to the Uttar Pradesh government and complainant advocate Nripendra Pandey and stayed an Allahabad High Court order which refused to quash trial court’s summons against Gandhi.

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.

(With inputs from agencies)

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