Researcher seeks halting of trial against Rahul Gandhi; says ‘court can’t decide if Savarkar was brave’

A researcher has approached the Bombay High Court seeking a stay on the criminal defamation proceedings against Congress leader Rahul Gandhi over remarks he made about Hindutva ideologue VD Savarkar, according to Live Law.

The petitioner, Pankaj Phadnis, argued that the Special MP/MLA Court in Pune was going beyond the scope of the case by examining broader questions, including whether Savarkar was brave or cowardly. He alleged that the court was exceeding its jurisdiction and accused it of judicial indiscipline and passing improper orders.

Phadnis, who claims to have extensive knowledge of Savarkar’s life, filed an interim application before the High Court on Wednesday in connection with a public interest litigation he had initiated in 2024 to promote awareness about the Hindutva ideologue, Scroll.in reported.

He moved the High Court after the Pune court rejected his request to intervene in the ongoing defamation case against Rahul Gandhi. The special court also imposed a fine of Rs 20,000 on Phadnis, holding that his application had resulted in a waste of judicial time, The Hindu reported.

The defamation case originated from a complaint filed in April 2023 by Savarkar’s grandnephew, Satyaki Savarkar. The complaint accused Gandhi of making false and malicious statements about Savarkar during an event in London in March 2023.

Phadnis has asked the Bombay High Court to halt the proceedings and appoint an amicus curiae to examine whether the evidence being recorded by the Pune court is relevant to the allegations raised in Satyaki Savarkar’s original complaint.

According to his plea, questions about Savarkar’s contribution to the freedom struggle or whether he should be regarded as brave were matters of political and historical assessment rather than issues for judicial determination. He argued that Parliament had already expressed its position on Savarkar by displaying his portrait in the institution.

Phadnis contended that the Pune court should restrict its examination to the specific allegation at the centre of Gandhi’s remarks, whether Savarkar had written about assaulting a Muslim man, instead of venturing into wider debates about political history.

He said he decided to seek intervention after reading reports about Satyaki Savarkar’s testimony during cross-examination. On June 15, Satyaki Savarkar reportedly told the Pune court that Savarkar had submitted 10 mercy petitions to the British authorities.

The plea also referred to Savarkar’s views on secularism, including his reported belief that the presence of different religions added to the beauty of Indian society, much like different colours contribute to a rainbow, Live Law reported.

It further argued that some followers of Savarkar had caused him a disservice, specifically referring to Nathuram Godse and those who regard minorities as second-class citizens, The Hindu reported. Godse assassinated Mahatma Gandhi in 1948.