Supreme Court quashes hate speech case against Rahul Gandhi over Savarkar remarks

Mangalore Today News Network

New Delhi, Aug. 14, 2026: The Supreme Court on Friday quashed a criminal complaint against Congress MP and Leader of Opposition Rahul Gandhi over his alleged remarks on Hindutva ideologue Vinayak Damodar Savarkar, ruling that the proceedings were invalid in the absence of the mandatory government sanction required for prosecution.

A Bench comprising Justices Dipankar Datta and Sheel Nagu observed that without the required sanction, the case could not proceed and accordingly set aside the complaint as well as all related orders passed by the trial court.

The court noted that the Uttar Pradesh government had not granted prior sanction under Section 196 of the Code of Criminal Procedure, a prerequisite for prosecuting offences under Section 153-A of the Indian Penal Code, which deals with promoting enmity between different groups.

The complaint had been filed by advocate Nripendra Pandey, who alleged that Gandhi’s remarks were intended to spread hatred in society. Gandhi had challenged the trial court’s summoning order issued under Sections 153-A and 505 of the IPC.

The Allahabad High Court had earlier refused to quash the case in April 2025.

During Friday’s hearing, Justice Datta sought clarification from Additional Solicitor General K.M. Nataraj, appearing for the Uttar Pradesh government, on whether the required sanction had been granted. The ASG informed the court that no such sanction had been issued.

The Bench reiterated that obtaining prior sanction is mandatory before a court can take cognisance of an offence under Section 153-A.

Counsel for the complainant requested that the summoning order be set aside and the matter be remanded to the magistrate for fresh consideration after obtaining sanction. However, the Supreme Court rejected the request and quashed the proceedings in their entirety.

“In the affidavit filed by the State of Uttar Pradesh, there is no disclosure of sanction having been granted to prosecute the appellant-accused. Therefore, the complaint and the orders passed by the magistrate stand quashed,” the court observed.

The case arose from a press conference in which Gandhi allegedly described Savarkar as a “servant of the British” and claimed that he had accepted a pension from the colonial government.

With the Supreme Court’s latest order, the criminal proceedings against Rahul Gandhi in the case have been brought to an end on the ground that the mandatory statutory sanction for prosecution was never obtained.