Relief for Rahul Gandhi, SC quashes criminal defamation complaint in Savarkar remarks row
The bench allowed the petition on Friday, noting that the criminal case lacked the specific sanction required by law to prosecute Rahul Gandhi.
The Supreme Court on Friday quashed the criminal defamation complaint and the magistrate's summoning order against the leader of the opposition (LoP) in the Lok Sabha and Congress MP Rahul Gandhi in a case linked to his remarks about Hindutva ideologue Vinayak Damodar Savarkar.
A bench of Justice Dipankar Datta and Justice Sheel Nagu set aside the proceedings, observing that the Uttar Pradesh government had not granted the sanction required to prosecute Gandhi.
Gandhi had challenged a trial court's order summoning him to face charges under Sections 153-A (promotion of enmity between groups) and 505 of the Indian Penal Code. He moved the Supreme Court after the Allahabad high court declined to stop the proceedings.
Gandhi had reportedly called Savarkar a collaborator of the British. Following a criminal complaint, a magistrate in Uttar Pradesh issued a summons against Gandhi.
The bench allowed his petition on Friday, noting that the criminal case lacked the specific sanction required by law to prosecute Gandhi.
"We have heard learned counsel for parties. In affidavit filed by respondent State of UP, there is no disclosure of sanction having been granted. In such view of matter, orders passsed by Magistrate shall be quashed," the Court said, as per Bar and Bench.
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