Recently, the Court in Lucknow imposed a cost of ₹200 on Congress leader Rahul Gandhi for failing to appear in a case concerning his alleged derogatory remarks against Vinayak Damodar Savarkar during the 2022 Bharat Jodo rally in Maharashtra. The Court had earlier found a prima facie case against him under Sections 153A and 505 of the Indian Penal Code (IPC), observing that his statements could incite enmity and public disorder.
The case stems from a complaint filed by advocate Nripendra Pandey, who alleged that during a speech on November 17, 2022, Gandhi referred to Savarkar as a collaborator with the British and claimed he received a pension from them. The complainant contended that these remarks were intended to provoke social discord and incite hatred in society. Pandey also emphasised that Mahatma Gandhi had recognized Savarkar as a patriot, and the statements made by Rahul Gandhi were misleading and distressing.
Initially, the complaint was dismissed by Additional Chief Judicial Magistrate (ACJM) Ambrish Kumar Srivastava in June 2023. However, Pandey challenged the dismissal before the Sessions Court, which allowed his plea and remanded the case back to the Magistrate Court. Subsequently, the Court found a prima facie case against Gandhi and issued a summons for his appearance.
The complainant argued that Gandhi’s remarks vilified Savarkar and created animosity, amounting to offenses under Sections 153A (promoting enmity between groups) and 505 (statements conducing to public mischief) of the IPC. He contended that the statements were made with a deliberate intent to cause hatred and mislead the public regarding historical facts. The complainant further asserted that such comments had caused him mental and emotional distress, warranting legal action against Gandhi.
The Court took note of the allegations and observed that Gandhi’s speech and pamphlets accusing Savarkar of being a British servant receiving a pension could contribute to social unrest. It reiterated that public figures must exercise caution while making statements that could potentially incite divisions within society. The Bench further stated, “Prima facie, the statements made by the accused have the potential to create disharmony and disturb public order. The Court, therefore, deems it appropriate to proceed with the matter.”
On March 5, 2024, Gandhi failed to appear before the Court despite being summoned. Taking note of his absence, the Additional Chief Judicial Magistrate, Alok Verma, imposed a cost of ₹200 for non-appearance, emphasizing the importance of adhering to legal procedures.
The Court reaffirmed the summons against Gandhi and directed him to ensure his appearance in subsequent hearings. The matter is now set for further proceedings, with the Court continuing to assess whether the alleged remarks fall within the ambit of criminal liability under the relevant provisions of the IPC.
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