New Delhi, 14 August

The Supreme Court on Friday quashed the criminal defamation complaint and summons issued by a trial court against Congress leader Rahul Gandhi for his remarks against Hindutva ideologue Vinayak Damodar Savarkar, saying the required sanction under the law was not obtained.

The defamation case stems from Gandhi's comments on Savarkar made on November 17, 2022 during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.

Allowing Gandhi's plea, a bench of Justices Dipankar Datta and Sheel Nagu noted that the criminal proceedings lacked sanction required under the law to prosecute the Leader of the Opposition in this case.

Under Section 196 CrPC, sanction of the state government is mandatory to take cognisance of an offence under Section 153A IPC (promotion of enmity between groups).

"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.

The top court had earlier censured Gandhi for "irresponsible" remarks on Savarkar at a rally in Maharashtra but stayed the criminal proceedings against him.

"Let's not mock our freedom fighters," the apex court had said.

It had issued notice to the Uttar Pradesh government and complainant advocate Nripendra Pandey and stayed a Allahabad High Court order which refused to quash trial court's summons against Gandhi.

A case under various provisions for alleged offences such as promoting enmity between classes and public mischief was lodged against him by Pandey.

The Lucknow bench of the Allahabad high court on April 4, 2025 had refused to grant relief to Gandhi and said he said can file a revision petition before the sessions court.

The Leader of Opposition in the Lok Sabha had challenged a trial court's decision to summon him in the case, while contesting the ongoing proceedings against him.

Advocate Pandey had filed a complaint, accusing Gandhi of intentionally insulting Savarkar during the rally.

The complainant has accused Gandhi of intentionally insulting Savarkar during the rally and said his remarks were part of a "well-planned conspiracy" to defame Savarkar.