Lucknow court summons Rahul Gandhi over alleged derogatory remarks against Savarkar

New Delhi, Dec 14: A Lucknow Court has summoned Congress leader Rahul Gandhi in connection with a complaint alleging derogatory remarks about Hindutva ideologue Vinayak Damodar Savarkar, made during his Bharat Jodo Yatra in Maharashtra last year, Bar and Bench reported.

The Additional Chief Judicial Magistrate (ACJM) Alok Verma observed that Gandhi's remarks and pamphlets—wherein Savarkar was described as a "British servant" who received a pension—could potentially incite hatred and ill-will in society.

Finding a prima facie case against the Congress MP, the court has directed Gandhi to appear on January 10, 2025, to face charges under Sections 153A (promoting enmity between different groups) and 505 (public mischief) of the Indian Penal Code (IPC).

Advocate Nripendra Pandey, filed the complaint alleging that Gandhi’s statements on November 17, 2022, branded Savarkar a collaborator with the British, a claim accompanied by assertions that Savarkar had sought a pension from colonial authorities.

Pandey argued that these remarks were made with the intention of fostering societal discord and inciting animosity. He also highlighted that Mahatma Gandhi had recognized Savarkar as a patriot, making Gandhi’s statements particularly objectionable.

The complaint further claimed that Gandhi's remarks caused Pandey "significant mental and physical distress." Pandey had initially sought an FIR through the Magistrate court, but his application was dismissed in June 2023 by ACJM Ambrish Kumar Srivastava.

The sessions court, however, overturned this decision and remanded the case, leading to the issuance of the summons reported Bar and Bench.

Rahul Gandhi in the past has repeatedly referred to VD Savarkar’s alleged compromises with the British. Citing his grandmother, former Prime Minister Indira Gandhi, Gandhi claimed that Savarkar had sought forgiveness from the British during India’s freedom struggle. “Mahatma Gandhi went to jail. Jawaharlal Nehru went to jail. And Savarkar sent apologies to the British,” he remarked in a Parliamentary debate.

Gandhi in the parliament in the same debate invoked Savarkar’s criticism of the Indian Constitution, alleging that the Hindutva ideologue believed it should be replaced by the Manusmriti, an ancient Sanskrit text criticized for its caste-based hierarchies. Addressing the BJP directly, Gandhi argued that the party’s adherence to Savarkar’s views contradicted its claims of protecting the Constitution.

Comparing the BJP’s policies to Mahabharata’s Dronacharya cutting off Eklavya’s thumb, Gandhi accused the ruling party of undermining youth aspirations through practices like lateral entry into government jobs and alleged paper leaks. He framed these as systemic attacks on the rights and opportunities of marginalised groups.