Supreme Court Quashes Rahul Gandhi’s Savarkar Case, Cites Missing UP Govt Sanction

The Supreme Court on Friday quashed the criminal complaint and related proceedings against Congress leader and Leader of Opposition Rahul Gandhi over his remarks about freedom fighter Vinayak Damodar Savarkar.

A bench of Justices Dipankar Datta and Sheel Nagu set aside the Lucknow trial court’s order summoning Gandhi, holding that the mandatory government sanction required for the prosecution had not been shown to have been obtained.

According to The Times of India, the Uttar Pradesh government’s affidavit contained no disclosure that such sanction had been granted.

Court Cites Lack of Mandatory Sanction

During the hearing, the bench noted the absence of the required sanction and consequently quashed the complaint and the orders passed by the magistrate.

The court observed that the affidavit filed by the Uttar Pradesh government contained no indication that the necessary sanction had been granted.

The Supreme Court’s decision was therefore based on a procedural and legal requirement, rather than an assessment of whether Gandhi’s remarks about Savarkar were defamatory, hateful or otherwise unlawful.

Case Linked to Gandhi’s Bharat Jodo Yatra Remarks

The case dates back to November 17, 2022, when Gandhi was addressing a rally in Akola, Maharashtra, during his Bharat Jodo Yatra.

Gandhi had made remarks about Savarkar, alleging that he had collaborated with the British and received a pension from them.

The comments triggered a complaint in Lucknow by advocate Nripendra Pandey, who alleged that Gandhi’s remarks were intended to insult Savarkar and promote enmity or hatred.

A magistrate subsequently issued summons to Gandhi.

Allahabad High Court Had Earlier Declined Relief

Gandhi challenged the proceedings before the Allahabad High Court’s Lucknow bench.

However, the High Court declined to quash the proceedings in 2025 and directed Gandhi to pursue the appropriate revision remedy.

Gandhi then approached the Supreme Court, seeking an end to the criminal proceedings.

Supreme Court Had Earlier Criticised Remarks

The latest ruling follows an earlier hearing in April 2025, when the Supreme Court had stayed the proceedings.

That bench, which included Justice Dipankar Datta, had strongly criticised Gandhi’s remarks, describing them as “irresponsible” and cautioning against making statements that could mock or demean freedom fighters.

According to Bar & Bench, the court had also warned that similar statements in the future could potentially invite suo motu action, meaning the court could initiate proceedings on its own.

Despite those observations, the earlier court’s criticism of Gandhi’s remarks did not amount to a final determination of criminal liability.

Quashing Is on Procedural Grounds

The Supreme Court’s latest order is significant because it does not rule on the merits of Gandhi’s statements about Savarkar.

Instead, the proceedings have been quashed because the mandatory government sanction required for prosecution under the invoked criminal-law provisions was not shown to have been obtained.

Reports have variously described the case as involving criminal defamation, hate speech and provisions including IPC Sections 153A and 505. The precise characterisation depends on the offences invoked in the complaint and the stage of the proceedings.

The ruling effectively brings the Lucknow proceedings against Gandhi over the 2022 remarks to an end on the ground that a required procedural safeguard was missing.

Rahul Gandhi Gets Relief in Savarkar Case

The Supreme Court’s decision provides Gandhi with relief in a case that has remained pending since his remarks during the Bharat Jodo Yatra.

While the court had previously expressed strong disapproval of the language used by Gandhi, its latest ruling focuses on the legal requirement of prior government sanction.

The decision also underscores the distinction between criticising the substance of a statement and determining whether criminal prosecution can legally proceed.