Introduction:

On April 4, 2025, the Allahabad High Court declined to grant relief to Rahul Gandhi, Leader of Opposition in the Lok Sabha, in the defamation case concerning his remarks about Vinayak Damodar Savarkar. The case is currently pending before the Additional Chief Judicial Magistrate’s Court in Lucknow.

Background of the Case:

The controversy stems from statements made by Rahul Gandhi during a press conference in November 2022 as part of the Bharat Jodo Yatra in Maharashtra’s Akola. He allegedly referred to Savarkar as a servant of the British who accepted a pension from them. Advocate Nripendra Pandey filed a complaint, asserting that these remarks were intended to spread hatred and diminish the legacy of Savarkar, a prominent freedom fighter.

Legal Proceedings:

In June 2023, the Additional Chief Judicial Magistrate’s Court in Lucknow dismissed Pandey’s complaint. However, upon revision, the Sessions Court overturned this decision, leading to the summoning of Gandhi as an accused in December 2023. Gandhi challenged both the summoning order and the Sessions Court’s decision in the Allahabad High Court.

Arguments Presented:

For Rahul Gandhi:

Gandhi’s legal team contended that the summoning order was unjustified and sought its quashing. They argued that the remarks were made in a political context and did not constitute defamation.

For the Complainant:

Advocate Pandey maintained that Gandhi’s statements were defamatory and intended to tarnish Savarkar’s reputation. He emphasized that such remarks could incite societal discord.

Court’s Observations and Decision:

Justice Subhash Vidyarthi of the Allahabad High Court observed that an alternative remedy was available to Gandhi under Section 397 of the Code of Criminal Procedure (CrPC). This section allows for revision petitions to be filed in the Sessions Court. Consequently, the High Court disposed of Gandhi’s petition, indicating that he should pursue the available legal remedies.