Vinayak Savarkar 
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Supreme Court rejects PIL to "establish facts" about Vinayak Savarkar, prevent misuse of his name

A Bench of Chief Justice BR Gavai and Justice Augustine George Masih said that there is no violation of any of the fundamental rights of the petitioner and hence, the Court cannot interfere.

Debayan Roy

The Supreme Court on Tuesday rejected a public interest litigation (PIL) petition seeking directions to "establish certain facts" about Hindutva idealogue Vinayak Damodar Savarkar and to prevent misuse of his name.

A Bench of Chief Justice BR Gavai and Justice Augustine George Masih said that there is no violation of any of the fundamental rights of the petitioner and hence, the Court cannot interfere.

The petition was filed by Dr Pankaj Phadnis who appeared in person.

He sought inclusion of Savarkar's name to the schedule of Emblems and Names (Prevention of Improper Use) Act, 1950 - a law intended to prevent the improper use of certain emblems and names for professional and commercial purposes.

"I am 65 years old. I have been researching him (Savarkar) for the last 30 years. I also request to issue directions for directions to Lok Sabha speaker to include his name in schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950. Article 51A fundamental duties.. Leader of Opposition cannot impede my fundamental duties," Phadnis said.

"What is your fundamental right violation in this ? We cannot entertain writs like this. We do not find any ground to intervene. The relief sought cannot be granted. Plea rejected," the Court said.

CJI BR Gavai and Justice AG Masih

Recently, another Bench of the top court had taken strong exception to Leader of Opposition (LoP) Rahul Gandhi for saying that Vinayak Damodar Savarkar was a collaborator with the British who received pension from the British.

A Bench of Justices Dipankar Datta and Manmohan had said that Gandhi's statements against the freedom fighter were irresponsible and that the Court will initiate suo motu action if he makes similar statements.

Nevertheless, the Bench had stayed the summons issued to him by a Magistrate court for his remarks in a criminal case initiated against him for the controversial statements.

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