Savarkar case: UP govt accuses Rahul Gandhi of deliberately spreading hatred
The affidavit dated July 23, filed in response to a notice on Gandhi's plea to quash a Lucknow court summons over the comments, argued against any relief ahead of the hearing in the matter on Friday. It pleaded for the dismissal of Gandhi's plea.
The affidavit said that allegations of promoting enmity and public mischief under the Indian Penal Code's sections 153A and 505 are applicable against Gandhi. It cited the investigation in the case and added that it indicated deliberate spreading of hatred through pre-planned actions.
In April, the court slammed Gandhi for calling Savarkar a 'servant' of the British while staying the proceedings against him. The court noted the statement was made in Maharashtra, where Savarkar is 'worshipped as a God'. 'Let him not make any statements on freedom fighters without knowing any history or geography about it,' the court said.
The court reminded Gandhi that his grandmother, Indira Gandhi, wrote a letter praising Savarkar when she was the Prime Minister. It referred to Mahatma Gandhi, who communicated to the British Viceroy, addressing himself as a faithful 'servant'.
Rahul Gandhi referred to the pension Savarkar received from the British while calling him a 'servant of the British'.
The court said that one does not become a servant just like that. 'One day, you will say that Gandhiji was also a servant of the British,' the court said. 'This is not the way you treat freedom fighters.'
Senior advocate Abhishek Singhvi, who appeared for Rahul Gandhi, assured the court that no further statement shall be made.
The court warned that if any further statement is made, it will take it up suo motu (on its own). 'We will not allow anybody to make any statement against freedom fighters.'
Gandhi moved the top court against the Allahabad high court's April 4 order rejecting his plea for quashing the complaint against him.
Nripendra Pandey, a lawyer, filed the complaint against Gandhi, saying his remarks against Savarkar hurt Hindu sentiments. He argued Gandhi insulted a leader who fought for India's freedom.
The trial court, in its summons, observed Gandhi spread hatred and ill-will in society through his speech against Savarkar.
The complaint against Gandhi was initially dismissed in June 2023. It was revived on a revision petition. Gandhi argued in the high court that the allegations against him do not amount to the offences he has been accused of.
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