The Supreme Court on Friday quashed the criminal complaint and summons issued against Congress leader and Leader of Opposition Rahul Gandhi over his remarks against Vinayak Damodar Savarkar during the 2022 Bharat Jodo Yatra.
A bench of Justices Dipankar Datta and Sheel Nagu allowed Gandhi's plea after noting that the requisite sanction to prosecute him had not been obtained.
What Is The Case Against Rahul Gandhi?
The case relates to remarks Gandhi made at a rally in Maharashtra's Akola district on November 17, 2022, while leading the Bharat Jodo Yatra.
According to court reports, Gandhi had described Savarkar as a collaborator with the British and alleged that he received a pension from the British.
Advocate Nripendra Pandey subsequently filed a complaint, alleging that Gandhi had intentionally insulted Savarkar and sought to incite hatred in society.
The complaint invoked provisions including Sections 153A and 505 of the Indian Penal Code.
How Did The Case Proceed?
An Additional Chief Judicial Magistrate initially dismissed Pandey's complaint in June 2023. Pandey then challenged the decision before a sessions court.
The sessions court allowed his plea and sent the matter back to the magistrate.
In December 2024, the Lucknow magistrate summoned Gandhi, observing that his remarks had the potential to promote hatred and ill-will and that a prima facie case existed against him.
How Did It Reach The Supreme Court?
Gandhi challenged the summons and subsequent proceedings before the higher courts.
The Allahabad High Court declined to grant him relief on April 4, 2025, saying he could approach the sessions court under Section 397 of the Code of Criminal Procedure.
Gandhi subsequently moved the Supreme Court, which had earlier stayed the summons.
The top court had also criticised Gandhi's remarks against Savarkar and warned that similar statements in future could invite suo motu action.
Why Did The Supreme Court Quash The Case?
The Supreme Court's decision centred on the lack of requisite sanction to prosecute Gandhi.
The Uttar Pradesh government informed the court through an affidavit that there was no disclosure or record of the required sanction having been granted.
“In such view of matter, orders passed by Magistrate shall be quashed,” the bench said, according to court reports cited by Bar and Bench.
The Supreme Court consequently quashed the criminal complaint and the proceedings and summons issued by the magistrate.
