Bombay High Court Refuses To Entertain PIL Against Rahul Gandhi Over Remarks On Savarkar

The Bombay High Court on Tuesday (July 15) refused to entertain a PIL seeking directions to Congress leader Rahul Gandhi to stop ignoring the contribution of right-wing leader Vinayak Savarkar to the freedom struggle.

A division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne noted that the Supreme Court had dismissed a similar petition filed by the same petitioner - Pankaj Phadnis who is stated to be the co-founder of Abhinav Bharat Congress.

Notably Phadnis had moved a plea before the Supreme Court contending Gandhi was violating fundamental duties by making comments against Savarkar. The Supreme Court had on May 27 rejected the plea which had also sought to include Savarkar's name in the schedule of the Emblems and Names (Prevention of Improper Use) Act.

"This Court cannot issue directions to R1 (Rahul Gandhi) to study the contents of this PIL petition and remove ignorance about the contribution of Savarkar," the high court bench said in its order.

The bench also noted that already criminal defamation case is filed against Gandhi by Satyaki Savarkar, grand nephew of Vinayak Savarkar and that the same is pending before a special MP/MLA Court in Pune.

Appearing as a party-in-person, Phadnis argued that Rahul Gandhi, being the Leader of Opposition Party (LOP) cannot make such comments against Savarkar. Notably, the petition takes exception to Gandhi's speech in London wherein he allegedly said that "Savarkar viewed Muslims as Traitors."

Phadnis argued, "In our democracy, an LOP can become a Prime Minister tomorrow. So, he (Gandhi) may become a PM". 

To this court orally said, "We don't know if he will be a PM or not. You know all this". 

Phadnis however said, "But being a Constitutional post holder, he cannot misuse his power. He is misleading the young minds of the country by creating confusion. The young generation is more likely to believe the LOP than the PM... He cannot create confusion..."

The bench, however, refused to allow the prayers made in the PIL petition. It disposed off the plea with liberty to the petitioner to ventilate his grievances before an appropriate forum.

Notably, the Supreme Court had in April, in another matter orally expressed its disapproval of the comments made by Gandhi against Savarkar. Though the Apex Court court stayed the criminal defamation proceedings pending against Gandhi in a Lucknow Court over his comments against Savarkar, it orally warned that if he made any such comments in the future, "suo motu" action will be taken against him.