Bombay High Court Rejects PIL Seeking Action Against Rahul Gandhi Over Remarks on Savarkar
Mumbai | July 15, 2025 — The Bombay High Court on Tuesday dismissed a Public Interest Litigation (PIL) that accused Leader of the Opposition (LoP) Rahul Gandhi of violating constitutional rights by making “immature” and “irresponsible” remarks about freedom fighter and Hindutva ideologue Vinayak Damodar Savarkar.
The petition was filed by Pankaj K. Phadnis, a 65-year-old Mumbai-based professor and founding president of Abhinav Bharat Congress, a public policy think tank.
What the Petition Claimed
Phadnis’s 125-page petition claimed that Rahul Gandhi’s past statements — especially during his 2023 visit to London — portrayed Savarkar in a negative and offensive light. He alleged that Gandhi:
- Described Savarkar as someone who enjoyed the humiliation of Muslims
- Referred to him as a “coward”
- Made a derogatory remark at a press conference on March 25, 2023, saying:
“My name is not Savarkar, I am Gandhi and Gandhi does not make apologies to anyone.”
According to Phadnis, these comments not only hurt national sentiment but also misinformed the youth about one of India’s key figures from the freedom struggle.
He urged the court to direct Rahul Gandhi to read the petition and gain factual knowledge about Savarkar’s contributions before making such remarks in the future.
What the Court Said
However, a Division Bench led by Chief Justice Alok Aradhe and Justice Sandeep Marne was not convinced.
The court pointed out that a similar petition by the same petitioner had already been dismissed by the Supreme Court, and the judiciary could not compel any individual to read a document.
“Your prayer is to direct him to personally study and read your petition. How can the court compel someone to read? This court cannot issue such a direction to Rahul Gandhi,” the bench stated.
The judges also questioned the petitioner’s claim that Gandhi may become Prime Minister one day, saying, “Do you know that he will become Prime Minister? We don’t.”
The petition was disposed of without further hearing.
Criminal Defamation Case Already Pending
The court also highlighted that a criminal defamation case against Rahul Gandhi is already being heard in a special MP/MLA court in Pune. This case was filed by Satyaki Savarkar, the grand-nephew of Vinayak Savarkar.
Given the ongoing proceedings, the High Court saw no reason to entertain the PIL further.
The Bombay High Court’s dismissal of the PIL against Rahul Gandhi reinforces the judiciary’s position on the limits of judicial authority, especially in matters concerning freedom of speech and personal opinions expressed in political discourse.
While Rahul Gandhi’s comments continue to stir controversy, especially among Savarkar’s supporters, the court made it clear that it cannot direct any political leader to read or agree with a particular interpretation of history.
The larger criminal defamation case remains active, but this ruling sends a strong message: courts are not platforms for enforcing ideological conformity or political education.