SC extends stay on summons to Rahul Gandhi in remarks on Savarkar case

The Supreme Court on Friday extended the interim stay on the summons issued to Congress leader Rahul Gandhi by a Lucknow Magistrate court over his controversial remarks against Vinayak Damodar Savarkar made during the ‘Bharat Jodo Yatra’ undertaken by him in 2022.

A bench comprising Justice Dipankar Datta and Justice Augustine George Masih adjourned the matter for four weeks, allowing the complainant, advocate Nripendra Pandey, to file his reply. Gandhi has also been permitted to file a rejoinder within two weeks thereafter.

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The Uttar Pradesh government has already submitted its affidavit supporting the trial court’s decision, stating that the summoning order was passed after a thorough re-examination of the case file, witness statements, and the investigation report.

The affidavit claimed that these materials supported the allegations against Gandhi and demonstrated that the Magistrate had “properly applied judicial mind” to the facts and evidence, thus finding a prima facie case under Sections 153A and 505 of the Indian Penal Code (IPC).

The state government further alleged that Gandhi’s remarks reflected a “deliberate spreading of hatred through pre-planned actions,” and urged the top court to dismiss his appeal. It defended the Allahabad High Court’s earlier refusal to quash the summons as legally sound and justified, asserting that no interference was warranted by the Supreme Court.

The summons stemmed from a complaint filed by advocate Nripendra Pandey, who alleged that Gandhi, with an intent to incite social discord, had called Savarkar a “servant of the British” and accused him of accepting a pension from the colonial masters.

The remarks were allegedly made during a press interaction in 2022 as part of the Bharat Jodo Yatra.

On April 25, 2025, the Supreme Court had stayed the trial court’s summons but cautioned Gandhi against making any further derogatory statements about ‘freedom fighter’. The bench had warned that any repeat of such conduct could lead to serious consequences.

Gandhi had approached the top court after the Allahabad High Court, in its April 4 order, refused to quash the summons issued on December 12, 2024, by a Lucknow court. The High Court had remarked that Gandhi had an alternate remedy under Section 397 of the Code of Criminal Procedure (CrPC), which allows a Sessions Court to review the records of lower courts.

With the interim stay extended and the matter now set for further hearing in four weeks, the case continues to raise important questions around the limits of political speech, historical interpretation, and freedom of expression vis-à-vis the legacy of national icons.