Savarkar remarks: HC refuses to issue directions to Rahul | Mumbai News
Mumbai: Bombay high court has declined to issue any direction to opposition leader Rahul Gandhi on his utterances against late Vinayak Damodar Savarkar.“This court cannot issue any direction to respondent no 1 (Gandhi) to study the contents of this public interest litigation and to remove ignorance about the contribution of Shri Vinayak Savarkar,” said Chief Justice Alok Aradhe and Justice Sandeep Marne.The PIL was by Pankaj Phadnis, president of Abhinav Bharat Congress, a policy think tank, saying his legal rights as well as that of a large number of citizens to fulfil their fundamental duty under Article 51A(b) was impeded by Gandhi’s statements about Savarkar. Article 51A(b) focuses on the duty ‘to cherish and follow noble ideals that inspired our national struggle for freedom.’ Phadnis referred to Gandhi’s May 28 statement that Savarkar considered Muslims traitors. He referred to a Feb 8, 1944, US consulate interview in which Savarkar said the aim of the Hindu Mahasabha is to preserve the integrity of India and its Hindu character with due regard to the rights of all minorities including the Muslims. “Such a man cannot be considered a traitor,” said Phadnis. He said the late PM Indira Gandhi praised Savarkar’s daring defiance of the British govt. Phadnis had urged HC to direct Gandhi “to personally go through the contents of this petition …to remove ignorance about the contribution of Savarkar to the…nation and to provide proof of his study by a reasoned reply.” The judges asked whether they could compel Gandhi to read his petition. Phadnis said, “Leader of the opposition in a democracy can potentially be tomorrow a prime minister. Such a person with this knowledge will create havoc. He cannot misrepresent and mislead citizens. He is creating confusion.”The judges noted that Phadnis’ petition was dismissed by the Supreme Court on May 27. A defamation case against Gandhi is pending before a Pune magistrate. Phadnis can take “recourse to such remedy as may be available in law to ventilate his grievances,” the judges said.Phadnis had also urged the Centre to include Savarkar’s name in the schedule to the Emblems and Names (Prevention of Use) Act. Declining to issue any direction, the judges said HC cannot issue a writ to the legislature either to amend the law to include Savarkar’s name in the schedule.
