Supreme Court Rejects Plea To Include Sarvarkar's Name In Emblems Act
New Delhi:
The Supreme Court on Tuesday dismissed a plea seeking directions that the name of Vinayak Damodar Savarkar is not misused and his name be included in the Emblems and Names (Prevention of Improper Use) Act.
A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih dismissed the plea, saying no fundamental right of the petitioner is affected.
The petitioner, Dr. Pankaj Phadnis, sought directions that the Leader of Opposition, Rahul Gandhi, do community service as punishment for his remarks against Savarkar.
Dr Phadnis, who was appearing in person, told the bench that he had been researching on Savarkar for years and wanted to establish certain facts about Savarkar in a legally verifiable manner.
The CJI then asked him, "What is the violation of your fundamental right?"
The petitioner said that the Leader of the Opposition cannot violate fundamental duties: "Article 51A, fundamental duties. The Leader of the Opposition cannot impede my fundamental duties."
The CJI refused to intervene in the issue, saying an Article 32 petition can be entertained only for the violation of fundamental rights.
The petition stated that Mr Gandhi is in the habit of making "irresponsible, immature and defamatory comments" about Savarkar.
It added that when Mr Gandhi was found guilty of a criminal defamation case filed against him for his remarks on Savarkar, as a punishment, he must do community service such as sweeping the floor of the Savarkar Museum in Mumbai for a day instead of any penal punishment.
The petition sought Savarkar's name be included in the Emblems and Names (Prevention of Improper Use) Act.
A name included in the schedule of the Emblems and Names (Prevention of Improper Use) Act, 1956, cannot be used in a manner contrary to the conditions prescribed by the Central government.
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