The bench, however, stayed the Lucknow court’s order summoning Rahul Gandhi in a defamation case filed against him for his comment referring to Savarkar as a “servant” of the British in November 2022 during the Bharat Jodo Yatra in Maharashtra’s Akola.

“You have made a good point on law, and you are entitled to stay… But he is a political leader. Why should he make such statements?” justices Dipankar Datta and Manmohan told senior advocate Abhishek Manu Singhvi, who appeared for Gandhi, the leader of Opposition in the Lok Sabha.

“Let him not make any statements on freedom fighters without knowing any history or geography about it,” the top court said, pulling up Rahul Gandhi for his comments made during the Bharat Jodo Yatra in November 2022.

The court was hearing Gandhi’s petition that challenged an April 4 decision of the Allahabad high court refusing to set aside the summons issued to him by the trial court in December last year on his Savarkar comments made at the rally held in Maharashtra’s Akola district.

Singhvi Gandhi, pointed out the legal aspects for staying the high court order, the bench said, “Does your client know that his grandmother, when she was the Prime Minister, wrote a letter praising this gentleman? Does he know that Mahatma Gandhi also said ‘your faithful servant’ while addressing the Viceroy?”

The court issued notice on the petition and granted a stay. Referring to the fact that Gandhi made the statements when his rally reached Akola, the bench added, “In Akola, he is worshipped as a God. Do not do this.”

Singhvi told the court that an undertaking would not be necessary as he gave an assurance that such statements would not be made.

“If any further statement is made, we will take it up suo motu (on its own). We will not allow anybody to make any statement against freedom fighters,” the court said.

The high court dismissed the Congress leader’s plea on the grounds that he has the remedy of filing a revision against the order of the trial court. The high court bench of justice Subhash Vidyarthi said there was no ground for the high court to entertain where Gandhi has an alternative remedy under section 397 of the Code of Criminal Procedure (CrPC), now replaced by section 438 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The proceedings against Gandhi were initiated on a complaint filed by advocate Nripendra Pandey who alleged that the derogatory remarks made by Gandhi against the Hindutva ideologue had hurt the sentiments of the community. The complaint stated that Gandhi had insulted the great and fearless nationalist leader who fought for the freedom of the country.

Initially, the complaint against Gandhi was dismissed in June 2023. On a revision petition filed by the complainant, the same was revived and the matter landed in the magistrate court, which issued summons on December 12, 2024.

Gandhi argued in the high court that the allegations do not contain the ingredients for constituting the offences of sections 153A and 505 and had questioned the order passed on the revision petition that revived the complaint.

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