Savarkar defamation case: Pune court rejects plea to cancel exemption to Rahul Gandhi from appearing in court

A Pune court recently dismissed an application filed by complainant Satyaki Savarkar seeking seizure of Congress leader Rahul Gandhi’s bail bond and initiation of coercive measures to compel his physical appearance in the Vinayak Savarkar defamation case [Satyaki Savarkar v. Rahul Gandhi].Judicial Magistrate First Class Amol Shriram Shinde, presiding over the matter, while denying the application, noted that Gandhi had procured bail along with permanent exemption from personal appearance before the court. "After hearing both the Ld. Advocates of the parties, this court finds that the accused has been released on bail. He has been granted permanent exemption from appearing before the court. There are no sufficient reasons to seize the bail bonds of the accused," the Court said. .It further noted that if the complainant wished to challenge the bail, the proper recourse would be under Section 439(2) of the Criminal Procedure Code (CrPC).The criminal complaint arose from remarks allegedly made by Rahul Gandhi during a speech in London in March 2023, in which he purportedly referenced an account from Hindutva ideologue Vinayak Savarkar’s writings describing an incident where Savarkar and others assaulted a Muslim man—a situation Savarkar reportedly found 'pleasurable'.Savarkar's relative, Satyaki Savarkar, moved the Court denying the existence of any such account in Vinayak Savarkar's published works. He initiated proceedings under Section 500 of the Indian Penal Code for criminal defamation and sought maximum punishment along with compensation under Section 357 of the CrPC..In his application, Satyaki Savarkar argued that Gandhi had intentionally delayed trial proceedings by avoiding the recording of his plea and had breached the conditions imposed on him at the time of bail—namely, not seeking adjournments and ensuring counsel’s continuous presence. He urged the court to take "strict and firm action", including seizure of the bail bond and coercive steps to ensure Gandhi’s attendance.In response, Gandhi submitted that the bail order dated January 10, 2025, imposed no such conditions as the offence was bailable in nature. The defence also pointed out that the court had granted permanent exemption to Gandhi from personal appearance and that his counsel had remained in regular attendance. He accused the complainant of repeatedly filing frivolous and misleading applications to harass Gandhi and manipulate the judicial process for publicity.The Court ultimately found no breach of bail conditions and rejected the application. .Advocate Milind Pawar appeared for Gandhi.Advocate Sangram Kolhatkar appeared for Savarkar..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.