The Supreme Court on Friday extended its interim order granting stay on summons issued against Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi for his controversial remarks against Vinayak Damodar Savarkar during ‘Bharat Jodo Yatra’ in 2022.
A bench comprising Justices Dipankar Datta and Augustine George Masih adjourned the matter for four weeks and allowed the complainant, advocate Nripendra Pandey, to file his reply. The bench also permitted Gandhi to file a rejoinder within two weeks.
The Uttar Pradesh government has filed its affidavit in the case and said that the summoning order followed a thorough re-examination of the case file, statements, and investigation report, all supporting the allegations made against the Congress leader.
The affidavit read, “The Magistrate properly applied judicial mind to facts and evidence, determining a prima facie case under Sections 153-A and 505 IPC.”
The government has claimed that there was a “deliberate spreading of hatred through pre-planned actions” by Gandhi, and thus, his appeal before the apex court must be dismissed.
It stated that the High Court’s order, declining any relief to Rahul Gandhi, was justified and lawful. “The interference of this court is not warranted in the matter,” affirmative of Uttar Pradesh government submitted while opposing Gandhi’s plea against summons.
Leader of Opposition (LOP) Gandhi approached the apex court against the summons issued by the Lucknow court on a complaint by Pandey over his comments against Savarkar.
On April 25, 2025, the top court had stayed the trial court’s order issuing summons against Gandhi, but had asked him to desist from making further derogatory remarks against the freedom fighters.
It had warned the Congress MP not to make controversial remarks against freedom fighters in future, else he would have to “face consequences”
Gandhi had 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 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 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.
The summons order was passed by a Lucknow Magistrate court on December 12, 2024. (ANI)
