SC quashes criminal case against Gandhi
New Delhi, Aug. 15 -- The Supreme Court on Friday quashed the criminal proceedings against Leader of Opposition in the Lok Sabha Rahul Gandhi over his remarks describing Hindutva ideologue Vinayak Damodar Savarkar as a collaborator of the British, noting that the prosecution lacked the sanction required under law.
A bench of justices Dipankar Datta and Sheel Nagu allowed Gandhi's plea challenging the summons issued by a Lucknow magistrate, after noting that the Uttar Pradesh government's affidavit did not disclose that the requisite sanction had been granted for prosecuting him.
"Sanction is required. But there is no sanction. If there is no sanction, there is no case. You have to follow the law," the bench addressed the state government and the complainant.
"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 passed by Magistrate shall be quashed," held the bench.
The decision brings to an end the criminal proceedings arising from remarks made by Gandhi during his Bharat Jodo Yatra in November 2022, in which he had referred to Savarkar as a "servant" or collaborator of the British and said that he had received a pension from the colonial government.
The proceedings had reached the Supreme Court after a prolonged legal battle in Uttar Pradesh. Gandhi was facing proceedings under Sections 153A (promoting enmity) and 505 (public mischief) of the Indian Penal Code (IPC) on a complaint filed by Nripendra Pandey, a lawyer.
Prior sanction from central govt or the state is mandatory to prosecute a person under Section 153A of the IPC....
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