Justice Dipankar Datta, a member of the bench deliberating on the issue, questioned if Mahatma Gandhi could be referred to as a servant of the British merely for using the phrase “your faithful servant” in letters addressed to the Viceroy. “Is your client aware that his grandmother (Indira Gandhi), during her tenure as Prime Minister, also praised this individual (Savarkar), the freedom fighter?” Justice Datta inquired of Senior Advocate AM Singhvi, who represented Gandhi.
“Let him refrain from making reckless statements regarding freedom fighters…this is not how we honor our freedom fighters. When one lacks knowledge about India’s history or geography…” the Court remarked.
The defamation suit stems from comments made by Gandhi during a Bharat Jodo Yatra rally in Akola, Maharashtra, on November 17, 2022, where he purportedly made negative statements about Savarkar. Advocate Nripendra Pandey, who filed the complaint, accused the Congress leader of intentionally insulting the freedom fighter.
Gandhi, who serves as the Leader of the Opposition in the Lok Sabha, approached the Supreme Court after the Lucknow bench of the Allahabad High Court declined to intervene earlier this month. On April 4, the high court suggested Gandhi pursue a revision petition through the sessions court, labeling the move to quash the summons as premature at this stage.
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