Remarks against Savarkar: UP Government accuses Rahul of deliberately ‘spreading hatred’

Accusing him of deliberately spreading hatred, the Uttar Pradesh Government on Friday opposed Congress leader Rahul Gandhi’s petition in the Supreme Court seeking quashing of the proceedings in a criminal case lodged against him over his comments against veteran freedom fighter Vinayak Damodar Savarkar in 2022.

Senior Advocate Garima Prasad told a Supreme Court Bench of Justice Dipankar Datta and Justice AG Masih on behalf of the Uttar Pradesh Government that the state has filed an affidavit in which it has agreed with “the contention of complainant advocate Nripendra Pandey that Rahul Gandhi’s actions were done with intention of spreading hate and enmity within the society”.

“The Ld. Magistrate properly applied judicial mind to facts and evidence, determining a prima facie case under Section 153-A and 505 IPC. (hate speech) ...the allegations, supported by investigation, indicate deliberate spreading of hatred through pre-planned actions, falling within the alleged offences ambit,” the Uttar Pradesh Government said in its affidavit filed in response to Gandhi’s petition. It urged the top court to dismiss Gandhi’s petition.

The Bench, however, extended the stay on 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.

Taking note of an adjournment letter circulated in the case filed by Gandhi, the Bench posted the matter for hearing after four weeks. It allowed the complainant to file his reply during the day. Gandhi can file his rejoinder to the replies filed by the state government and others in two weeks, it added.

Maintaining that the Allahabad High Court’s order rejecting Gandhi’s plea was “justified and legal”, the UP Government said that any interference from the top court was not warranted.

Pulling up Congress leader Rahul Gandhi for calling veteran freedom fighter Veer Vinayak Damodar Savarkar a “collaborator with the British”, the Supreme Court had on April 25 cautioned the Leader of Opposition against making such irresponsible statements in future, saying it would 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 Datta had asked Senior Advocate AM Singhvi, who represented 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,” the Bench had said.