The Supreme Court on Friday (August 14, 2026) quashed a hate speech case against Leader of Opposition (LoP) in Lok Sabha Rahul Gandhi over his alleged remarks about Hindutva ideologue V.D. Savarkar after the Uttar Pradesh government failed to grant sanction for his prosecution.
The private complaint was filed by a Lucknow resident Nripendra Pandey against Mr. Gandhi, accusing the latter of making derogatory comments against the Hindutva ideologue during the Congress leader’s ‘Bharat Jodo Yatra’ in Maharashtra in 2022.
“Have you given the sanction? Justice Dipankar Datta, heading a Division Bench, asked Additional Solicitor General K.M. Nataraj, appearing for the Uttar Pradesh government. Mr. “Sanction is required. But there is no sanction. If there is no sanction, there is no case. You have to follow the law” Justice Datta addressed both the State government and the complainant. “This is not the way to treat our freedom fighters. Referring to Mr. Singhvi, “Does your client know that even Mahatma Gandhi used ‘your faithful servant’ while addressing the Viceroy? Does he know that his grandmother, while she was Prime Minister, sent a letter to somebody praising this gentleman, the freedom fighter? He has also filed a separate transfer petition in connection with the case.
Section 196 of the Code of Criminal Procedure requires prior government sanction before a court can take cognisance of sensitive cases involving offences against the state, including promoting disharmony, hate, or insulting religious beliefs. It also directed that the proceedings continue as a part-heard matter before the same bench and listed the case for August 20.
Nataraj said the State had not done so. They have given us freedom,” Justice Datta had said. Gandhi’s remarks that Savarkar had addressed himself as “most obedient servant” in a communication to the British authorities, Justice Datta had asked Mr. Earlier reporting noted: The high court said that the ED had taken the required steps and was free to proceed further if its investigation yielded material warranting action.
Earlier reporting noted: A bench of comprising Chief Justice of India Surya Kant and justices Joymalya Bagchi and V Mohana is scheduled to take up the Congress leader’s plea on Monday.
The Congress leader had argued that the proceedings against him were “clearly frivolous, vexatious and designed to inflict the criminal process as a virtual punishment to and deterrent for the free exercise of his freedoms and from freely performing his duty as a responsible Opposition leader at the national level”.
