'Is This How You Treat Freedom Fighters?' : Supreme Court Slams Rahul Gandhi For Comments Against Savarkar, Stays Defamation Case

The Supreme Court on Friday(April 25) orally expressed disapproval of the comments made by the Leader of Opposition Rahul Gandhi against VD Savarkar.

Though the Court stayed the criminal defamation proceedings pending against Rahul 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.

A bench comprising Justice Dipankar Datta and Manmohan heard the matter. As soon as the matter was taken, Justice Datta took objection to Rahul Gandhi's statement that Savarkar was a servant of the British. Justice Datta asked 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(Indira Gandhi), when she was the Prime Minister, also sent a letter praising the gentleman(Savarkar), the freedom fighter?" Justice Datta asked Senior Advocate AM Singhvi, who was representing Gandhi.

"So therefore, let him not make irresponsible statements about the freedom fighters. You have laid down a good point of law and you are entitled to stay. We know that. But this is not the way you treat our freedom fighters. When you don't know anything of the history or geography of India..." Justice Datta observed.

"He is a person of stature. He is a political leader of a political party. Why should you foment trouble like this?  You go to Akola and make this statement, in Maharashtra where he (Savarkar) is worshipped? Don't do this. Why do you make this statement?" Justice Datta said. He said that even the Judges of the Calcutta High Court used to address the Chief Justice as "Your Servant" during the British times. "Someone does not become a servant like this. Next time, somebody will say Mahatma Gandhi was the servant of the British. You are encouraging these kind of statements," Justice Datta said.

However, the bench said that it was inclined to stay the proceedings but on a condition that he would not make any such statements in future.

"We will grant you stay..but we will restrain you from making irresponsible statements. 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 our freedom fighters. They have given us freedom, and this is how we treat them?," Justice Datta said. Singhvi orally undertook that no such statements would be made.

The Court did not specify this condition in the order.

Rahul Gandhi approached the Supreme Court after the Allahabad High Court on April 4 refused relief.

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.

A complaint case was filed by Advocate Nripendra Pandey claiming that Gandhi, with the intention of spreading hatred in the society, called Vinayak Damodar Savarkar a servant of the British and that he took a pension from the British.

"Distributing previously printed pamphlets and leaflets at press conferences demonstrates that Rahul Gandhi had weakened and insulted the basic characteristics of the nation by spreading hatred and enmity in the society", Addl. Civil Judge (Sr.Div.)/ACJM, Lucknow, Alok Verma had said in his order passed in December.

Justice Subhash Vidyarthi of the High Court had orally remarked that a remedy is available to Gandhi to move before the Sessions Judge under Section 397 CrPC (Section 438 BNSS). In view of this, the Court disposed of his petition.

Case Details: RAHUL GANDHI v. STATE OF U.P. AND ANR., SLP(Crl) No. 6196/2025 

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