Leader of Opposition in the Lok Sabha Rahul Gandhi has received relief from the Supreme Court in a criminal defamation case related to alleged insulting remarks against Vinayak Damodar Savarkar, with the court quashing the summons issued by a Lucknow court.
A bench of Justice Dipankar Datta and Justice Shil Nagu on Friday held that the required sanction had not been obtained in the matter. The court passed the order after the Uttar Pradesh government informed the court that there was no record showing that the required permission to prosecute the case had been granted.
Case Linked to 2022 Bharat Jodo Yatra Remarks
The defamation proceedings relate to comments made by Gandhi about Savarkar on November 17, 2022, during his Bharat Jodo Yatra at a rally in Maharashtra's Akola district.
Advocate Nripendra Pandey had filed the complaint against Gandhi, alleging that the Congress leader had intentionally insulted Savarkar during the rally. The complainant had further alleged that Gandhi's remarks were part of a planned conspiracy to defame Savarkar.
Gandhi, who challenged the decision of a subordinate court to summon him, had been contesting the proceedings.
UP Government Affidavit Cited in SC
During the Supreme Court proceedings, the bench considered the affidavit filed by the Uttar Pradesh government. The affidavit did not disclose that the required sanction had been obtained for prosecution in the case.
Justice Datta then pointed out that sanction is mandatory before taking cognizance. "If there is no sanction, that is the end of the matter," Justice Datta stated.
The bench, therefore, concluded that the absence of the required sanction warranted quashing the criminal defamation complaint and the orders issued by the magistrate.
"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.
Earlier Proceedings in High Court
The Lucknow bench of the Allahabad High Court had on April 4, 2025, said Gandhi could approach the sessions court by filing a revision petition. It had held that intervention by the High Court was not necessary at that stage.
The matter subsequently reached the Supreme Court, where Gandhi challenged the subordinate court's decision to summon him.
The Supreme Court's latest order has now brought the criminal defamation proceedings against Gandhi in this matter to an end.
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