'Is this how you treat freedom fighters?': SC pulls up Rahul Gandhi for his remarks against Savarkar

Pulling up Congress leader Rahul Gandhi for calling veteran freedom fighter Veer Vinayak Damodar Savarkar a “collaborator with the British”, the Supreme Court on Friday cautioned the Leader of Opposition against making such irresponsible statements in future, saying it will take suo motu cognisance of it.

"Does your client (Rahul Gandhi) know Mahatma Gandhi also used "your faithful servant" while addressing the Viceroy? Does your client know that his grandmother (Indira Gandhi), when she was the Prime Minister, also sent a letter praising the gentleman (Savarkar), the freedom fighter?" Justice Dipankar Datta asked Senior Advocate AM Singhvi, who was representing Gandhi.

“Let's not mock our freedom fighters… Let him not make irresponsible statements about freedom fighters… This is not the way you treat our freedom fighters when you don't know anything of the history or geography of India,” said the Bench, which also included Justice Manmohan.

Describing Rahul Gandhi as “a person of stature” and a “leader of a political party”, Justice Datta asked, “Why should you foment trouble like this? You go to Akola and make this statement in Maharashtra where he (Savarkar) is worshipped? Don't do this. Why do you make such statements?”

Justice Datta said even the judges of the Calcutta High Court used to address the Chief Justice as "Your Servant" during the British time. "Someone does not become a servant like this. Next time, somebody will say Mahatma Gandhi was the servant of the British. You are encouraging these kinds of statements," Justice Datta said.

"You have a good point on law and you will get a stay. But any further statement by him (Rahul Gandhi) will be taken up suo motu. No words on our freedom fighters... They gave us freedom and we treat them like this?” the Bench said, adding he should understand the historical context before commenting on freedom fighters.

The top court stayed the Allahabad High Court’s April 4 order refusing to quash the summons issued to him by a Lucknow Court on December 12, 2024, for his alleged derogatory remarks against Savarkar during his 2022 ‘Bharat Jodo’ yatra rally.

It also issued notice to advocate Nripendra Pandey who had filed a complaint against Gandhi under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC) seeking to register a first information report (FIR) against him for his remarks against Savarkar, accusing the Congress leader of spreading hatred in society.

However, in June 2023, an Additional Chief Judicial Magistrate dismissed Pandey's complaint. He challenged the ACMM’s order before the Sessions Court which issued summons to him on December 12, 2024. The Allahabad High Court on April 4 dismissed his plea against the summoning order, prompting him to move the top court.