The Supreme Court on Friday quashed the orders passed by a Lucknow Magistrate against Congress leader Rahul Gandhi in the criminal case arising from his remarks against freedom fighter Vinayak Damodar Savarkar, after noting that the Uttar Pradesh government’s affidavit did not disclose any sanction for his prosecution.
The Court was hearing a case arising from the Allahabad High Court’s April 4, 2025 order declining to interfere with the proceedings against Rahul Gandhi. During the hearing, Rahul Gandhi’s counsel pointed out that there was nothing on record to show that the requisite sanction had been granted and urged the Court to set aside the Magistrate’s orders and remit the matter for fresh consideration.
The Bench of Justice Dipankar Dutta and Justice Sheel Nagu noted that the affidavit filed by the State of Uttar Pradesh itself contained no disclosure of any sanction having been granted to prosecute Gandhi. The Court observed:
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“In the affidavit filed by the respondent-State of Uttar Pradesh, there is no disclosure of sanction having been granted to prosecute the accused-petitioner. In view thereof, the orders passed by the Magistrate stand quashed.”
The Court, however, left it open to the authorities to take the necessary steps for obtaining sanction in accordance with law before proceeding further.
Background of the case
The controversy dates back to Gandhi’s November 17, 2022 speech during the Bharat Jodo Yatra in Akola, Maharashtra, where he allegedly described Savarkar as a “servant” of the British and claimed that he received a pension from the colonial government.
Lucknow-based advocate Nripendra Pandey subsequently initiated proceedings against Gandhi, alleging that his remarks were intended to insult Savarkar and spread hatred and ill-will in society. The complaint sought Gandhi’s prosecution for offences including Sections 153A and 505 IPC, relating to promoting enmity and statements conducing to public mischief.
A Lucknow Magistrate ultimately summoned Rahul Gandhi in December 2024. After the Allahabad High Court declined to interfere and observed that Gandhi could avail his statutory remedy of revision, he approached the Supreme Court.
When the matter first came before the Supreme Court in April 2025, a Bench of Justices Dipankar Datta and Manmohan stayed the criminal proceedings but rebuked him for such remarks. Rahul Gandhi had specifically argued that the Magistrate could not take cognisance of the alleged offences under Sections 153A and 505 IPC without the previous sanction contemplated under Section 196(1) CrPC.
The Court had at that stage also strongly disapproved of Gandhi’s remarks about Savarkar and cautioned him against making irresponsible statements concerning freedom fighters, while observing that he had raised a substantial legal point on the requirement of sanction.