The Supreme Court has set aside a criminal defamation complaint and trial court summons against Leader of Opposition Rahul Gandhi regarding his 2022 comments about Vinayak Damodar Savarkar, citing the absence of mandatory governmental approval to prosecute the case.
A bench comprising Justices Dipankar Datta and Sheel Nagu issued the order after the state of Uttar Pradesh confirmed through an affidavit that no official sanction had been granted for the prosecution. The judges noted that because the state government provided no record of approval, the complaint filed in the subordinate court and all subsequent judicial orders stemming from it stood nullified.
Lack Of Mandatory Sanction
The legal action originated from statements made by the Congress leader on November 17, 2022, during a public address in Maharashtra’s Akola district as part of his nationwide Bharat Jodo Yatra. Advocate Nripendra Pandey subsequently lodged the criminal defamation suit against Gandhi, alleging that the remarks were part of a calculated effort to insult and defame Savarkar.
Procedural History
Gandhi had moved the apex court to challenge the subordinate court’s decision to summon him and initiate criminal proceedings. Previously, on April 4, 2025, the Lucknow bench of the Allahabad High Court had declined to intervene, observing that the opposition leader could instead present a revision petition before the local sessions court.
However, the Supreme Court’s ruling effectively terminates the litigation following the state’s disclosure regarding the missing statutory authorization.
