The Supreme Court on Friday quashed the criminal complaint and summons issued against Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi over his remarks against Hindutva ideologue Vinayak Damodar Savarkar during the Bharat Jodo Yatra in 2022, according to PTI.
A bench of Justices Dipankar Datta and Sheel Nagu allowed Rahul's plea after noting that the requisite sanction to prosecute him had not been obtained.
"In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted. In such view of matter, orders passed by Magistrate shall be quashed," the bench said, as quoted by Bar and Bench.
What is the case against Rahul Gandhi?
The case relates to remarks Rahul made about Savarkar during a rally in Maharashtra's Akola district on November 17, 2022, while he was leading the Bharat Jodo Yatra.
According to Bar and Bench, Gandhi had described Savarkar as a collaborator with the British and alleged that he received a pension from the British.
Advocate Nripendra Pandey subsequently filed a complaint, alleging that Gandhi had intentionally insulted Savarkar and that his remarks were aimed at inciting hatred in society.
Pandey had initially approached an Additional Chief Judicial Magistrate seeking registration of an FIR against Gandhi. The complaint invoked provisions including Sections 153A and 505 of the Indian Penal Code.
The ACJM dismissed the complaint in June 2023, following which Pandey challenged the decision before the sessions court.
The sessions court allowed his plea and remanded the matter to the magistrate court. In December 2024, the Lucknow magistrate subsequently summoned Gandhi.
The magistrate observed that Gandhi's remarks describing Savarkar as a British servant who received a pension had the potential to spread hatred and ill-will in society, and found a prima facie case against him.
How did the case reach the Supreme Court?
Gandhi challenged the summons and ongoing proceedings before the higher courts.
On April 4, 2025, the Allahabad High Court declined to grant him relief, saying he could approach the sessions court under Section 397 of the Code of Criminal Procedure for revision of the lower court proceedings.
Gandhi subsequently approached the Supreme Court.
The top court had earlier stayed the summons but had also criticised Gandhi's remarks against Savarkar.
The court had warned that any further similar statements by Gandhi could invite suo motu action and questioned why freedom fighters were being spoken about in such a manner, according to Bar and Bench.
The bench had also referred to a letter written by Gandhi's grandmother and former prime minister Indira Gandhi praising Savarkar.
Why did the Supreme Court quash the case?
Despite its earlier observations on Rahul's remarks, the Supreme Court on Friday focused on the legal requirement for prosecuting him in the case.
The Uttar Pradesh government told the court in an affidavit that there was no record of the requisite sanction having been granted.
"Additional Solicitor General and advocate for complainant, in the affidavit filed by UP, submits there is no disclosure of sanction. In such view of the matter, the complaint and orders passed by magistrate stands quashed," the bench said, according to PTI.
The Supreme Court therefore quashed both the complaint and the orders passed by the magistrate.