New Delhi:
The Supreme Court on Friday extended the stay on proceedings against Congress leader Rahul Gandhi in connection with a case lodged in Uttar Pradesh over his remarks against Hindutva ideologue Vinayak Damodar Savarkar made during a rally in 2022.
A bench of Justices Dipankar Datta and Augustine George Masih noted that a letter seeking adjournment had been circulated in the matter and decided to defer the hearing for four weeks. The court said it would consider the matter after that period, continuing the interim protection granted to the senior opposition leader.
The case stems from a complaint registered in the Sultanpur district of Uttar Pradesh. Gandhi was accused of making disparaging remarks about Savarkar during a speech, which allegedly hurt the sentiments of certain groups. The remarks drew criticism from several quarters, particularly from leaders of the BJP and allied organisations, who termed them “insulting” and “derogatory.”
At the hearing on Friday, the Senior Advocate Garima Prasad who appeared on behalf of the state government before the court informed the court that the state had given a reply in a formal manner to the plea given by Gandhi. The bench recorded the submission and it was agreed that the matter be re-listed in four weeks.
Gandhi had previously taken the matter before the Supreme Court, which was to quash the criminal charges on the premise that the complaint was placed in the first place due to political reasons, and was aimed at curbing free speech. The point argued in his petition was that the crime was not a punitive offence with which the case was registered.
In 2023, the apex court had given an interim stay on the trial proceedings. Such protection has been further provided and the Congress MP could not be subjected to any coercive action till the next hearing.
No utterance was made after the hearing by the Gandhi or his legal team; but sources from the Congress continued to state that the case was part of a trend of legal harassment by the opposition as crucial state and national elections approached.
Politics have been high concerning the issue because the words of Gandhi are somehow sensitive. Vinayak Damodar Savarkar (widely known as Veer Savarkar) is still a divisive figure in Indian politics. Although some of his writings have been an ideological influence to fellow members of the ruling BJP as a freedom fighter, critics have criticized some of his legacies, including his mercy pleas to the British and his thoughts on Hindutva.
According to legal experts, the Supreme Court has erred on the side of caution in its ruling with regard to sustaining the stay because it is handling a politically sensitive case concerning senior citizens of the state. This will all depend on how satisfied the court gets with the response of the state government and the strength of the defence advanced by Gandhi in the next couple of weeks.
