New Delhi, May 27 The Supreme Court on Tuesday refused to entertain a plea seeking inclusion of the name of freedom fighter Vinayak Damodar Savarkar in the schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950 - a law enacted by the Parliament to prevent the improper use of certain emblems and names for professional and commercial purposes.
A bench of Chief Justice of India (CJI) B R Gavai and Justice Augustine George Masih opined that the petitioner-in-person could not demonstrate a violation of fundamental rights guaranteed under Part-III of the Constitution, a necessary ingredient to entertain a writ petition filed directly before the top court under Article 32 of the Constitution.
The petitioner, who completed his Ph.D. (Universalisation of Primary Education) and claimed himself as a “serious researcher”, raised the concern that the Leader of Opposition (LoP) in Lok Sabha, Rahul Gandhi’s views on Savarkar can lead the young generation away from fulfilling their fundamental duty.
Under Section (b) of Article 51A of the Constitution of India, every citizen of the country has a duty to cherish and follow the noble ideals which inspired our national struggle for freedom.
"From 09-06-2024, Rahul Gandhi is Leader of Opposition in Lok Sabha and therefore is a High Constitutional functionary holding rank 7 in the Table of Precedence. Thus, while his views could be ignored in the past, now they cannot be. His enmity towards Shri Savarkar, who died years before he was born, is incomprehensible," the petition said.
It added that criminal defamation cases, which could result in Gandhi’s imprisonment, cannot be the remedy, as the Congress leader needs a lesson in humility by appropriate community service. However, such a punishment is outside the jurisdiction of any court other than the Supreme Court, said the plea.
Last month, a bench of Justices Dipankar Datta and Manmohan had pulled up Rahul Gandhi over his alleged derogatory remarks on Savarkar, cautioning that if the Congress leader made any such comments in the future, the top court would initiate "suo motu" action against him.
"Let's be clear, any further statement and we will take suo moto! We will not allow you to speak anything about our freedom fighters. They have given us freedom, and this is how we treat them?" it said.
The Supreme Court had passed an interim order staying the order of the court below summoning Rahul Gandhi to face trial for the offences under Sections 153-A and 505 of the now-repealed Indian Penal Code (IPC). In November 2022, Rahul Gandhi, during his Bharat Jodo Yatra, made purported defamatory comments on Savarkar at a rally in Maharashtra's Akola.
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