Supreme Court quashes hate speech complaint against Rahul Gandhi for calling Savarkar British collaborator

The Supreme Court on Friday quashed a criminal complaint and summons issued against Leader of Opposition (LoP) and Congress leader Rahul Gandhi over certain remarks he made against Hindutva idealogue Vinayak Damodar Savarkar.

Gandhi had described Savarkar as a collaborator with the British and further stated that Savarkar received pension from the British. After a criminal complaint was filed against him, a magistrate in Uttar Pradesh had issued a summons to Gandhi.

Gandhi eventually moved the Supreme Court seeking the quashing of this summons.

A Bench of Justices Dipankar Datta and Sheel Nagu today allowed his plea after noting that the criminal proceedings lacked a particular sanction required under the law to prosecute Gandhi in this case.

"We have heard learned counsel for parties. In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted. In such view of matter, orders passsed by Magistrate shall be quashed," the Court said.

Detailed order awaited.

Gandhi was facing charges under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC) in a complaint filed by advocate Nripendra Pandey.

Pandey had initially approached an Additional Chief Judicial Magistrate (ACJM) with an application to register a first information report (FIR) against Gandhi for Gandhi's remarks on Savarkar.

Pandey raised a grievance over remarks made by Rahul Gandhi on November 17, 2022 during his Bharat Jodo Yatra when he referred to Savarkar as a collaborator with the British.

Pandey claimed that these remarks were made with the intent of inciting hatred in society. The complaint by Pandey also said that Mahatma Gandhi had previously recognised Savarkar as a patriot.

In June 2023, the ACJM dismissed Pandey's complaint, prompting Pandey to challenge the same before the sessions court.

The sessions court allowed the plea and remanded the matter back to the magistrate court. Thereafter, in December 2024, Gandhi was summoned in connection with the case by a Lucknow magistrate court.

The magistrate court observed that Gandhi had said that Savarkar was a British servant who received a pension. These remarks had spread hatred and ill-will in society, the trial court observed. Therefore, the trial court found a prima facie case against Gandhi and directed him to appear before it.

On April 4, 2025, the Allahabad High Court refused to grant any relief to Gandhi in the matter. Justice Subhash Vidyarthi of the High Court had observed that Gandhi has the option to approach the sessions judge with a plea under Section 397 (review of records of lower court) of the Code of Criminal Procedure instead of moving the High Court.

This led to the appeal before the Supreme Court by Gandhi.

The top court had earlier stayed the summons issued to Gandhi but took strong exception to his remarks. The Court, at the time, had remarked that Gandhi's statements against the freedom fighter were irresponsible and that the Court will initiate suo motu action if he made similar statements.

"You have a good point on law and you will get a stay. But any further statement by him will be taken up suo motu. No words on our freedom fighters. They gave us freedom and we treat them like this?" the Court had said.

The Bench had also highlighted that Gandhi's grandmother and former Prime Minister Indira Gandhi had written to Savarkar praising him.

Today, however, the lack of a sanction required under the law to prosecute Gandhi for the offences alleged against him led the top court to quash the criminal proceedings against him.

[Live Coverage]