Top Court Extends Stay On Summons To Rahul Gandhi In Savarkar Defamation Case

The Supreme Court on Friday extended the stay granted on summons issued to Congress leader Rahul Gandhi by a lower court in Lucknow over his remarks against VD Savarkar. 

The top court extended the stay after the complainant sought more time to file counter-affidavit. 

The top court adjourned the case for four more weeks, granting two weeks time to the complainant to file a reply to Gandhi's plea seeking quashing of summons.

In April, the Supreme Court granted interim relief to Rahul Gandhi, but not without first delivering a history lesson-reminding him that his grandmother, Indira Gandhi, had also praised Savarkar.

The bench headed by Justice Dipankar Datta had issued a stern warning to Rahul Gandhi over his past remarks about freedom fighter VD Savarkar, while staying a trial court summons related to the controversy.

A bench comprising Justice Dipankar Datta and Justice Manmohan made it clear that the Congress leader must refrain from making any further "derogatory" statements against freedom fighters, especially those revered in certain parts of the country. 

The bench emphasised that Savarkar is "worshipped" in Maharashtra and warned of serious consequences if such comments continued.

"We will not allow anyone to make statements against our freedom fighters. Next someone will say Mahatma Gandhi was a 'servant to the British'," the court had observed in the last hearing. 

The Uttar Pradesh government, in its counter-affidavit, opposed Gandhi's plea and urged the Court to dismiss it.

It contends that the Magistrate's summoning order was based on sufficient material, including findings from a police inquiry under Section 202 CrPC. 

"There was sufficient material before the learned Magistrate to issue summons," the affidavit states. 

The affidavit by the UP government further alleges that Gandhi's speech during the Bharat Jodo Yatra, in which he referred to Savarkar as a "British pensioner" and "British servant," was intended to provoke resentment.

It adds, "The petitioner made statements calling Vinayak Damodar Savarkar a 'British pensioner' and 'British servant' with intent to spread animosity and hatred."