The Supreme Court of India has quashed a criminal complaint and related proceedings against Congress MP Rahul Gandhi concerning his remarks about Vinayak Damodar Savarkar. The case, filed in Uttar Pradesh, accused Gandhi of promoting enmity and public mischief under Sections 153A and 505 of the Indian Penal Code. The Supreme Court bench, led by Justice Dipankar Datta and Justice Sheel Nagu, found that the prosecution lacked the mandatory sanction from the Uttar Pradesh government, as required by law.
According to Live Law, the bench noted that Section 196 of the Code of Criminal Procedure mandates state government sanction before cognisance can be taken for offences under Section 153A. The State of Uttar Pradesh confirmed in court that no such sanction had been granted, leading the bench to conclude that the proceedings could not continue.
As reported by Bar and Bench, the original complaint was filed by advocate Nripendra Pandey, who alleged that Gandhi’s remarks during a press conference in November 2022—where he referred to Savarkar as a British collaborator and pension recipient—were intended to incite hatred. The trial court in Lucknow had found a prima facie case and summoned Gandhi in December 2024.
The Allahabad High Court had previously refused to quash the proceedings, suggesting that Gandhi could seek remedy before the Sessions Judge. Court records indicated that Gandhi then approached the Supreme Court after the High Court’s refusal in April 2025.
During the Supreme Court hearing, the complainant’s counsel requested that the matter be remanded to the Magistrate for fresh consideration if sanction was necessary. However, the bench clarified that the absence of sanction was dispositive. Justice Datta stated, “If there is no sanction, that is the end of the matter.”
“In the affidavit filed by the State of UP, there is no disclosure of sanction having been granted to prosecute the appellant-accused. In such view of the matter, the complaint and orders passed by the magistrate stand quashed,” the bench observed.
Analysis showed that the Supreme Court had earlier stayed the proceedings but expressed strong disapproval of Gandhi’s comments about Savarkar. The bench warned that any repetition of such remarks could result in suo motu contempt proceedings, underscoring the seriousness with which the court views statements about freedom fighters.
The procedural history reveals that after the initial complaint was dismissed by an Additional Chief Judicial Magistrate in June 2023, the complainant successfully appealed to the sessions court, which remanded the matter for reconsideration. The trial court then issued the summons to Gandhi, leading to the current Supreme Court intervention as proceedings developed.
Further details emerged at the end of the hearing, with the Supreme Court reiterating that the lack of state government sanction was a fundamental legal barrier. The bench’s order has now brought the criminal proceedings against Rahul Gandhi in this matter to a close as the final decision was delivered.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.