Savarkar defamation: Allahabad HC refuses to grant Rahul relief

Prayagraj: In the case of defamation of VD Savarkar, the Hindutva ideologue, the Allahabad High Court refused to cancel a court summoning Rahul Gandhi as an accused, Live Law reported.

Rahul had moved the HC challenging an order of the Sessions Court that allowed a revision plea filed by the complainant, Advocate Nripendra Pandey, against the dismissal of his complaint in June 2023

The HC bench of Justice Subhash Vidyarthi orally said that there is a remedy available to Gandhi to move before the Sessions Judge under Section 397 CrPC (Section 438 BNSS). Then, the court disposed of the Congress leader’s petition.

The session court summoned Gandhi as an accused in December last year after finding that he had spread hatred and ill will in society through his speech by distributing pamphlets before he delivered a speech at a press conference. He had said there that Savarkar was a servant of the British and that he had taken a pension from the colonials.

However, in February, a Pune court granted him a permanent exemption from appearance. The court granted it, citing his top-level security and the Leader of the Opposition status.

An application seeking permanent exemption from appearing before the special court for MP/MLA was moved by Advocate Milind Pawar, who is representing Gandhi (54) in the defamation case, last month.

The case, in which the Congress leader obtained bail last month, was filed by a relative of Savarkar.

Amol Shinde, Judicial Magistrate (First Class) presiding over the special court for MP/MLA, stated in his order that the accused is the Leader of Opposition in the Lok Sabha and has to attend several meetings.

Considering that he is a "Z-plus" protectee and taking into account expenses incurred on his security arrangements (during the Pune visit) and also the law and order issue if he attends the hearing, the court grants permanent exemption to Gandhi from appearing in the case, said the order.